Health Systems in Transition

Health systems in transition

Portugal

Table 2.4

Patient rights

Yes/No

Comments?

Protection of patient rights

Does a formal definition of patient rights

exist at national level?

Yes

Are patient rights included in specific

legislation or in more than one law?

Yes

Patient rights are included in more

than one law

Does the legislation conform with WHO’s

patient rights framework?

Yes

Patient complaints avenues

Are hospitals required to have a designated

desk responsible for collecting and

resolving patient complaints?

Yes

Is a health-specific Ombudsman responsible

for investigating and resolving patient

complaints about health services?

Health Regulatory Agency

monitors all patients’ complaints.

Other complaint avenues?

Yes

Other bodies deal with complaints:

Ombudsman (Justice) and

professional associations.

Liability/compensation

Is liability insurance required for physicians

and/or other medical professionals?

It is optional.

Can legal redress be sought through the

courts in the case of medical error?

Yes

Is there a basis for no-fault compensation?

If a tort system exists, can patients obtain

damage awards for economic and

noneconomic losses?

Yes

Can class action suites be taken against

health care providers, pharmaceutical

companies, etc.?

Yes

2.5.4 Patients and cross-border care

Mobility has never been a relevant issue in the Portuguese health system. Some

populations living near the border with Spain used Spanish health facilities more

because of proximity than lack of access in Portugal. Some situations of cross-

border care were foreseen in European regulations, namely non-programmed

medical emergencies abroad. For exceptional programmed situations, for which

there was no adequate response in the NHS, the Ministry of Health authorized

treatment abroad.

Law No. 52/2014, of 25 August 2014, establishes the rules for access to

cross-border health care, transposing Directive No. 2011/24/EU of the European

Parliament and of the Council. Beneficiaries of the NHS and the regional health

services became entitled to reimbursement of expenses related to health care