Health Sciences, Pharmaceuticals and Biotechnologi - Portugal
Cases in Portugal involving the assessment of medical errors are increasingly common. These situations create liability for healthcare professionals and institutions, with consequences for patients and their families that may fall under different areas of law, depending on whether or not a contractual relationship exists between the healthcare professional and the patient.
The liability regime differs between public hospitals and private clinics and/or practices. Public institutions are subject to the extracontractual civil liability regime of the state and other public entities, while private entities are governed by the rules of the Civil Code.
Moreover, malpractice liability is, in most cases, associated with an error—an act or omission that violates the lex artis and causes harm to the patient. This may fall within the scope of negligence, or, if the act involves a lack of skill or prudence, the legal consequences could vary.
It is also important to emphasize that the mere occurrence of harm in a healthcare setting does not automatically result in civil liability for the professional involved. Legal requirements must be met for liability to be established.
Therefore, analyzing each case individually and within the proper legal framework is essential for an adequate defense of the interests at stake. Belzuz Abogados has professionals with extensive experience in assessing similar situations, advising clients both in the extrajudicial and judicial phases.
Specialties
Medical negligence refers to those actions or omissions by healthcare professionals that cause harm to a patient; failing to correctly perform an X-ray, not conducting a CT scan before severe symptoms appear, unnecessarily delaying surgery, or performing a surgical procedure incorrectly are all typical examples of medical negligence.
Medical negligence can be grouped into two main categories: treatment errors/delays and diagnosis errors/delays.
The consequences of medical negligence are primarily death, injury, and/or an extended period of recovery or convalescence. Additionally, being a victim of medical negligence often results in psychological suffering, commonly referred to as moral damage. The injury may be suffered by the patient or a close relative of the victim.
In Portugal, we have a National Health Service (SNS) that is recognized worldwide, and despite the professionalism of our doctors, nurses, and other healthcare professionals, system overload and underfunding are the main causes behind most cases of medical negligence in our country.
When an injury occurs (of any kind), the public administration (or its insurer) must compensate the injured patient; this is referred to as medical liability.
Before filing a claim for alleged medical negligence, it is necessary to assess the technical and legal viability of the claim.
To this end, Belzuz Abogados SLP – Portuguese Branch provides you with our team of lawyers with extensive experience in this field, who will assess the viability of your claim, as well as a network of experts who will examine the technical and specialized aspects of your case.
Filing a claim for damages is a matter of justice. Reporting medical negligence does not undermine the dedication of healthcare professionals who work with high standards of care. Moreover, making a claim regarding flawed healthcare also helps ensure that the Health Administration (or the hospital in question) does not repeat the same mistake and contributes to improving the quality of healthcare, ultimately benefiting everyone.
Administrative Proceedings
In Portugal, a large portion of healthcare services is provided by the public sector, specifically within the network established by the National Health Service (SNS).
Within the broader healthcare network, the division between public and private sectors is clear, due to the existence of many private healthcare providers, particularly in palliative care and elderly nursing homes. Therefore, if the events being claimed occurred in the public sphere, the entity responsible for any harm caused in the provision of healthcare is the Public Administration. Since our Constitution and laws require the Public Administration to compensate individuals for harm it causes, filing an administrative claim against the Public Administration is the most appropriate route.
Administrative proceedings are suitable in cases where the complaint is made against the Public Administration. The claim for damages must be filed through administrative channels.
This process, although lengthy, allows the claimant to be heard and, if requested, expert opinions can be issued that clarify the health and medical care provided. Notably, it is advisable to request an assessment of the healthcare service by the Medical-Legal Council of the National Institute of Forensic Medicine, which provides expert technical-scientific reports in complex cases of medical liability. This body will determine whether the claim is viable or whether it should be dismissed.
At the end of this phase, a ruling is issued that either upholds or rejects the claim and awards compensation to remedy the damage suffered.
Civil Proceedings
Civil proceedings are appropriate when the claim is made against a private individual, a company, or an insurer. The civil route deals exclusively with claims for damages. Civil proceedings typically take about one and a half years from the initiation of the lawsuit. However, in civil cases, a settlement may be reached before trial, which can reduce costs.
The civil route is used for claims against private legal entities (private nursing homes, private hospitals, etc.). It is also the appropriate path for claims against the insurance companies of healthcare providers.
The civil route is generally faster than the administrative or administrative-litigation route, but it carries a higher risk in the event the claim is unsuccessful: the imposition of legal costs proportional to the amount claimed.
Criminal Proceedings
Through criminal proceedings, the alleged commission of a crime (bodily harm, homicide, or professional negligence in medical-surgical treatments) may be prosecuted due to the action or omission of individuals or, in very specific cases, the criminal liability of legal entities may be pursued. Criminal proceedings are likely the longest, as they are divided into two distinct phases: the investigation phase (inquiry) and the trial phase, where the investigated facts are judged (oral trial).
This also happens because, during criminal proceedings, several elements fall outside the control of lawyers, such as the involvement of the Public Prosecutor’s Office. Nevertheless, it is the Public Prosecutor who is responsible for investigating the reported facts, thereby reducing the associated legal costs.
Criminal proceedings not only aim to obtain compensation for the damage suffered but also to impose penalties such as imprisonment and/or professional disqualification on the alleged perpetrator.
Traumatology and Orthopedic Surgery is, alongside Gynecology and Obstetrics, one of the most commonly claimed specialties in Spain.
Fractures, hernias, and other tendon injuries have a significant impact on people’s quality of life—not only functionally, but also because of the pain they cause, which can sometimes be severely disabling.
Pathologies affecting the body’s mechanics are not only the result of acute events (a traffic accident, a fall, etc.), but can also arise from repetitive processes (lifting weights incorrectly, forced postures due to one’s profession) or, simply, from degenerative or chronic processes (osteoarthritis, hernias, knee or hip prostheses, etc.).
Treating these kinds of pathologies can be especially complex due to the multitude of factors that contribute to a successful outcome. Likewise, we are aware that the recovery and rehabilitation process is very demanding for patients and does not always yield the desired results.
Although not all factors influencing the final outcome of a treatment are under healthcare professionals’ control, at ESM Sociosanitary Claims we believe that early and accurate diagnosis—through a full and proper study of imaging tests (X-rays, CT scans, etc.)—as well as a carefully planned treatment tailored to the patient’s characteristics (managing rehabilitation timelines and, if necessary, surgical intervention) are vital to minimize the pathology’s consequences. Any error or negligence by healthcare professionals can have irreversible consequences and lead to a permanent loss of quality of life.
Delays in surgical treatments, postponements in rehabilitation processes, or simply an inadequate surgical approach can not only prolong recovery unnecessarily but also cement a state of functional limitation or even a lingering pain syndrome.
The fact that you have suffered an injury is not compensable, but the fact that it was not diagnosed or treated correctly is; if you believe an error or malpractice has occurred—whether in a public or private hospital—you have the right to claim and be compensated for diagnostic or treatment errors or delays.
At the Medical Liability Department of Belzuz Abogados, we want to help and advise you by clarifying and simplifying the processes; if you believe you have been a victim of medical negligence, do not hesitate: contact us and we will examine your case.
General and Digestive System Surgery is a complex specialty whose pathology requires invasive treatments that often involve what is known as “dirty surgeries.” Therefore, it is not uncommon for undesirable outcomes to occur both during the surgical intervention and in postoperative follow-up.
This specialty not only includes surgery of the digestive system and the abdominal wall but also involves breast and proctological surgery—two of the most anatomically complex areas that require special care in surgical approach.
General surgeons treat a wide range of pathologies: from simple appendicitis to complex conditions associated with chronic and autoimmune diseases (such as Crohn’s disease) or tumor-related processes.
The responsibility of general surgeons is not limited to the operating room but extends to treatment indications (usually surgical) and immediate postoperative care. Undesirable consequences of adverse events in General Surgery can cause serious daily problems for patients and may permanently affect their quality of life or even result in death.
The most frequent injury in general surgery is perforation. Despite the time elapsed since the introduction of laparoscopic techniques in Spain and the simplification of surgical procedures, the number of perforations remains high today. Similarly, infectious complications after surgery, which can be potentially lethal, continue to be a common issue in the General Surgery departments of Spanish hospitals.
At the Medical Liability Department of Belzuz Abogados, we aim to help our clients obtain compensation for damages they may have suffered as a result of an adverse event in General Surgery, with professional rigor and dedication. We study your case, assist you, and advise you; if you believe you have been a victim of medical error or negligence, do not hesitate to contact us.
Internal Medicine is a clinical specialty focused on the non-surgical healthcare of adults. Internists manage a wide variety of conditions such as autoimmune, hormonal, and infectious diseases. The range of patients seen by internists is very diverse, requiring a high level of expertise in handling symptoms of very different illnesses. The Internal Medicine Department forms the backbone of Spanish hospitals: they not only determine the appropriateness of conducting additional diagnostic tests, but also guide most clinical diagnoses and, naturally, the majority of diagnoses made in Emergency Departments.
The most common error in Internal Medicine is diagnostic error or delay due to incorrect clinical interpretation or insufficient diagnostic effort (lack of examination, failure to order complementary tests, etc.). Errors in diagnosis and treatment can have fatal and/or irreversible consequences.
The high demands on internists on the wards are compounded by the pressure and stress in Emergency Departments, which, combined with increasingly limited resources, frequently lead to adverse events.
As lawyers specialized in healthcare liability, we are highly familiar with the challenges faced by Internal Medicine and Emergency services.
The Medical Liability Department at Belzuz Abogados is at your disposal to guide you through the claims process, clarify your doubts, and ensure that when you decide to file a claim, you have all the information you need. Contact us: we will review your case.
All workers, whether public or private, have the right to perform their activities under safe and healthy working conditions. Infections, accidents, and occupational diseases must be compensated when they result from violations of occupational safety and health regulations.
In Portugal, employers are required to provide their workers with the necessary protective measures to prevent any harm during working hours. Additionally, employers must adapt the work to the specific needs that workers may have.
Similarly, public workers also have the right to work in safe conditions. To this end, the Public Administration is obligated to provide the necessary protective equipment (or implement the required adaptations) to ensure that public workers perform their duties in a safe environment. Healthcare professionals, security forces members, firefighters… all of them constitute the first line of protection for society. We must protect and care for them so they can provide their services.
At Belzuz Abogados SLP – Branch in Portugal, we have a team of lawyers with extensive experience in handling work accident cases and recognizing occupational diseases. We can assist any affected party or employer in determining the responsibilities associated with potential violations of occupational safety and health regulations.
We owe a debt to our elderly during the final stage of their lives. With the hustle and bustle of daily life, we cannot spend as much time with them as we would like, so we rely on nursing homes and other similar facilities to care for them.
The decision to place our elderly loved ones in a care home is not easy. Entrusting our father or mother to strangers requires an effort from the entire family; that is why we demand that these institutions do not skimp on resources and staff to ensure our elders are well cared for.
Unfortunately, in recent times, the quality of care our elderly receive has been the subject of news across all media outlets: elderly individuals abandoned, mistreated, or even abused by those supposedly responsible for their care. Such situations, which can even result in injuries, may lead to civil liability; that is, negligence in fulfilling duties at nursing homes and elder care facilities can lead not only to an investigation of the facts and corrective measures but also to potential compensation. Falls, poor hygiene, and lack of adequate monitoring in some facilities have become ongoing issues our society has yet to resolve.
Lack of proper care for our elderly in public or private facilities can give rise to various legal actions, all aimed at restoring the best living conditions for our beloved family members or seeking to repair the damage caused.
At Belzuz Abogados SLP – Branch in Portugal, we have a team of lawyers with extensive experience in handling cases of liability for inadequate care in nursing homes, residential facilities, and palliative care providers.
Our Team
Female Associate Lawyer
Telma Moreno Nunes
