Medical Liability

1. Faculdade de Direito da Universidade Nova de Lisboa Medical Liability Ana Rita Gomes - 002066

2. Topics Doctor patient relationship Doctor duties Damage Medical Legislation Portuguese Legal System

3. Doctor patient relationship Contractual breach of a contractual obligation violation of rights Extracontractual

4. Doctorduties • Provide prenatal care The woman has the right to choose between keep the pregnancy or stop it • keep the woman aware of the current situation

5. Damage Parents Moral damage: suffer and pain due to having a disabled child. Material damage/loss: expenses with hospital, drugs, and others. Child wrongful life: the this child should not have been born Existenceand Non-existence

6. Medicallegislation Constitution Article 24 Right to Life– humanlifeisinviolable Article 64 Right to Heath– everyonehastheright to healthprotection… • Code of ethics • Fundamental ethical principles: respect for life and for the essential dignity of every person. • These rights should be addressed along with ethical reflexion: medical ethics. • Statute of the Order of Physicians: • Article 6: The Order of Physicians has main goals, such as: • a) To defend the ethics, medical ethics and professional qualification in order to ensure and enforce the right of users to a qualified medical service. • Article 13: Duties • b) Fulfill ethical standards that governs the exercise of the medical profession Article 3 and 34: Independence of physicians Thephysician, in theexerciseofhisprofession, istechnicallyandethicallyindependentandresponsible for hisactions Article 35: legisartis Article 5 - dutiesofphysiciansThephysician must practicehisprofessionwiththemostrespect for theright to theprotectionofhumanhealthandthecommunity. Article 31 – Qualityof medical care Thedoctor (...) has as obligation to providethebestcarethatiscapableof, (...), to promoteorrestorehealth, preserve lifeanditsquality...

7. Portuguese Legal System Wrongfullife burden to existence