O encargo probatório nas ações de responsabilidade civil por atos médicos praticados em hospitais públicos

Abstract

The purpose of this master’s dissertation is to study the burden of proof in civil liability suits for medical acts carried out in public hospitals. To this end, we have chosen to analyze this issue from two different but complementary perspectives. In the first chapter, we set out to analyze the issue of medical civil liability, based on the Regime of Extra-contractual Civil Liability of the State and other Public Entities. In the interests of clarity, the aim is not only to analyze the nature of the legal relationship established between the patient and the public health establishment, but above all to ascertain whether the application of the administrative liability regime is the most appropriate in the context of civil liability actions for damages arising from medical acts in public health establishments. In the second (and final) chapter, we try to study the burden of proof in the context of these medical liability suits. In this sense, we will assess the difficulties faced by the injured patient in demonstrating the verification of the various cumulative assumptions of the institute of civil liability. With this in mind, we will try to present a set of pro damnato legal instruments.

Date of Award	4 Jun 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rita Lynce de Faria (Supervisor)