Author(s) Diana Sofia Araújo Coutinho
Advisor(s) Anabela Susana Sousa Gonçalves
Year 2014

Synopsis The aim of the present dissertation is the study of the informed consent in medical liability: we will analyze and frame in the portuguese system this problematic, aware of the practical implications of this issue. The informed consent takes on an extremely importance when we discuss about medical liability. In our legal system, the informed consent has gradually acquired a prominent role in the doctor-patient relationship with consequent repercussions in the law: a physician may be liable for practicing an act without the informed consent of the patient. In fact, the doctor has the obligation of informing the patient about the practice of the medical act. At the same time, has de duty to obtain from the patient his informed consent before the practice of any medical act. It is thus a patient’s right which corresponds to a professional duty of the doctors whose dimension in the legal spheres involved is related with the necessary security and certainty in an area of so much importance and social dimension as is health. Furthermore, the violation of the right to informed consent may be a cause of a medical liability action. And, is in the context of medical liability that we propose to study the informed consent. For this purpose, it will be necessary to understand the context of its appearance and evolution – which will only be possible through a framework in the comparative law – passing by its legal regulation in our system, by the analize of it legal regime and its requirements.

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