LOPES DE SOUSA FERNANDES v. PORTUGAL - 56080/13 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2015] ECHR 1107 (15 December 2015)

LOPES DE SOUSA FERNANDES v. PORTUGAL - 56080/13 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2015] ECHR 1107 (15 December 2015)

The Court found that, except for one instance of possible imprudence by a doctor (for which disciplinary proceedings were initiated), the domestic authorities conducted thorough investigations and found no evidence of medical negligence or systemic failure. The applicant's claims of a hospital-acquired infection and...

Source-derived case information.

Citation
[2015] ECHR 1107
Parties
Applicant: Maria Isabel Lopes de Sousa Fernandes; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)
Outcome
Application dismissed; no violation found
Legal Topics
Right to Life, Medical Negligence, Procedural Obligations Under Article 2 ECHR, State Responsibility for Healthcare, Access to Justice
Human Rights Law Medical Law Right to Life Medical Negligence Procedural Obligations Under Article 2 ECHR State Responsibility for Healthcare Access to Justice

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Parties

Maria Isabel Lopes de Sousa Fernandes

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)

  1. 1 Whether the death of the applicant's husband involved a violation of Article 2 (right to life) of the European Convention on Human Rights, both materially and procedurally
  2. 2 Whether the domestic remedies provided were effective and sufficient under Article 2
  3. 3 Whether there was medical negligence or systemic failure in the provision of healthcare

Ratio Decidendi

The Court found that, except for one instance of possible imprudence by a doctor (for which disciplinary proceedings were initiated), the domestic authorities conducted thorough investigations and found no evidence of medical negligence or systemic failure. The applicant's claims of a hospital-acquired infection and medical negligence were not substantiated. The State had in place an adequate regulatory framework and provided effective remedies. Therefore, there was no violation of Article 2 ECHR, either materially or procedurally.

Court Disposition

Application dismissed; no violation found