In the event that one is confronted with conduct by a physician that raises doubts as to its conformity with the rules and procedures established by the medical profession, a written submission/complaint may be filed with the Portuguese Medical Association (OM). Although the law does not set any specific deadline for doing so, many of the acts carried out by healthcare professionals may be subject to limitation periods, and as a general rule, it may be stated that the deadline for filing a complaint is five years (see Article 6 of the Annex to the Statute of the Medical Association). Nevertheless, it is essential to assess this period on a case‑by‑case basis, as there are professional behaviours that may lead to shorter limitation periods.
The submission must be made in writing and may be sent by email or by letter addressed to the Medical Association. The communication must describe, as thoroughly as possible, the facts underlying the submission and, whenever feasible, any suspicions of improper conduct or conduct that may constitute, among others, medical negligence, medical error, lack of professional ethics, or breach of confidentiality. As established in the Statute of the Medical Association, the complaint must be submitted in Portuguese, without special formalities, and must include the name and contact details of the complainant.
After the complaint is filed, the Medical Association assesses whether there are grounds for the possible opening of a disciplinary procedure, which is determined by a deliberation of the competent disciplinary council. During the course of the disciplinary procedure, individuals with a direct and legitimate interest may request to intervene in the proceedings, submitting requests and arguments as they deem appropriate. It is important to highlight that, in accordance with the Statute of the Medical Association, disciplinary liability before the Association is independent of any civil, criminal, or employment liability arising from the same facts.
Therefore, nothing prevents the Medical Association from analysing the reported facts from a disciplinary standpoint even when, in parallel, criminal or civil proceedings are ongoing in relation to those same facts.
Following the investigation and assessment, the disciplinary procedure will conclude either with the archiving of the case (if it is determined that the physician bears no responsibility) or with the imposition of a disciplinary sanction, chosen from the catalogue set out in Article 15 of the Annex to the Statute of the Medical Association. When applying sanctions, the professional and disciplinary background of the physician, the degree of fault, the seriousness and consequences of the infraction, and any aggravating or mitigating circumstances must all be taken into consideration. The sanction is imposed by the National Disciplinary Council of the Medical Association and becomes effective on the day following the date on which the decision becomes final.
In light of the above, we consider that, whether from the patient’s perspective or from that of the healthcare professional, a careful analysis of the physician’s conduct is essential to determine the possible existence of disciplinary liability. In this context, Belzuz Advogados, S.L.P. – Portugal Branch has a team of lawyers with extensive experience in administrative litigation and, in particular, in medical liability, who can provide the appropriate legal assistance.