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.