Medical Law

6 ECTS / Semester-long / Portuguese

Learning outcomes of the curricular unit

In this curricular unit the student must identify and distinguish the more important concepts used. The student must identify professional error and negligence. He must be able to apply the most relevant legal schemes in this area. He must identify the fundamental lines which allow to discuss the more controversial ethical and juridical issues regarding this domain.

 

Syllabus

1. Sources and evolution of medical law.
2 . The various forms of physicians' legal liability.
3 . Civil liability. Contractual and tort liability. Assumptions.
4 . The administrative liability of the hospital. Law nº 67 /2007 of 31 December.
5. The proposal for creation of an autonomous branch of law. 
6 . The physician's disciplinary liability.
7 . Identifying criminal liability.
8 . Negligence. The violation of the duty of care by the physician.
9 . Gross negligence.
10 . "Collective " errors.
11 . Human experimentation and curative interventions.
12 . Individual autonomy and medical interventions. Duty of disclosure and consent. Refusal of treatment and conscientious objection.
13 . The duty of professional secrecy.
14 . Study of various criminal offenses in this area. 
15 . Homicide and euthanasia.

Faculty

Associate Professor
Licenciatura em Direito pela Escola de Direito do Porto da Universidade Católica Portuguesa, em 1988. Mestre em Direito pela Faculdade de Direito da…