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As a Medical Malpractice Lawyer in Portugal, my role is to help patients and families understand whether the harm suffered may amount to medical negligence under Portuguese law. Not every unsuccessful medical outcome is malpractice, but when a healthcare provider fails to meet the required standard of care and that failure causes avoidable harm, legal remedies may be available.
With more than 14 years of legal experience, I have advised individuals, families, businesses, and international clients on complex legal matters involving litigation, professional liability, and cross-border issues. I am a Member of the Portuguese Bar Association (No. 45229L), hold a Degree in Law, and have completed postgraduate studies in Registries and Notarial Practice and Labour Law. My professional background includes experience in criminal and administrative litigation, service as a Legal Adviser to the United Nations Law and Justice Research Institute, and the management of a multidisciplinary legal practice since 2009.
When clients contact our office regarding possible medical negligence, the first step is always a careful legal assessment. We review the medical history, available records, chronology of events, and the potential legal basis for a claim before advising on the next steps.
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What Is Medical Malpractice?
Medical malpractice, also referred to as medical negligence, generally arises when a healthcare professional or medical institution fails to provide treatment that meets the standard expected of a reasonably competent practitioner in similar circumstances.
A medical complication does not automatically mean malpractice occurred. Medicine involves uncertainty, and even appropriate treatment may not guarantee a successful result. The legal question is whether the healthcare provider acted negligently and whether that negligence caused the patient’s harm.
Examples may include:
- Failure to diagnose a serious condition.
- Delayed diagnosis leading to worsened health outcomes.
- Surgical errors.
- Medication mistakes.
- Anaesthesia errors.
- Birth injuries.
- Failure to obtain informed consent.
- Hospital negligence or inadequate supervision.
- Diagnostic imaging or laboratory errors.
Determining whether malpractice occurred requires legal analysis supported by medical evidence.
When Should You Speak to a Medical Malpractice Lawyer?
I generally recommend seeking legal advice when a patient experiences an unexpected injury, significant worsening of a condition, permanent disability, or serious complications that may be linked to medical treatment. Early legal review is particularly important when medical records need to be preserved or when limitation periods may apply.
You should consider consulting a lawyer if:
- A diagnosis was missed or delayed.
- Surgery resulted in unexpected injury.
- The wrong medication or dosage was administered.
- A newborn suffered injury during pregnancy, labour, or delivery.
- A hospital failed to provide appropriate monitoring or care.
- You were not adequately informed of significant treatment risks.
- A medical procedure was performed without proper consent.
- A healthcare provider ignored symptoms that later proved serious.
Even if you are uncertain whether negligence occurred, a legal assessment can help clarify your position.
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How Is Medical Negligence Proven?
Under Portuguese law, a successful medical malpractice claim generally requires proof of several elements.
Duty of Care
The healthcare provider owed the patient a professional duty of care.
Breach of Duty
The provider failed to act in accordance with the standard expected of a competent healthcare professional in similar circumstances.
Causation
The breach of duty caused or materially contributed to the patient’s injury or loss.
Damages
The patient suffered actual harm, such as physical injury, psychological harm, financial loss, disability, or other compensable damage.
In practice, these cases often require detailed analysis of medical records, treatment timelines, expert medical opinions, and factual evidence. One of the most important aspects of my work is ensuring that the legal case is supported by clear and reliable evidence before proceedings are initiated.
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Common Medical Malpractice Cases We Handle
Medical negligence can arise in both public and private healthcare settings. Our practice assists clients in matters involving a wide range of medical specialties and healthcare institutions.
Surgical Errors
- Wrong-site surgery.
- Retained surgical instruments.
- Nerve or organ injury.
- Post-operative negligence.
Diagnostic Errors
- Failure to diagnose cancer.
- Delayed diagnosis of stroke or heart attack.
- Misinterpretation of imaging results.
- Failure to order appropriate tests.
Obstetric and Birth Injury Claims
- Delayed emergency delivery.
- Inadequate foetal monitoring.
- Birth trauma.
- Maternal injury during childbirth.
Medication and Anaesthesia Errors
- Incorrect medication.
- Incorrect dosage.
- Drug interactions.
- Anaesthesia administration mistakes.
Hospital Negligence
- Failure to monitor patients.
- Infection control failures.
- Inadequate staffing or supervision.
- Delayed emergency treatment.
What Compensation Can Be Claimed?
Where negligence is established, Portuguese law may allow compensation for various types of loss. The amount depends on the severity of the injury, the long-term consequences, and the evidence available.
Potential claims may include:
- Medical and hospital expenses.
- Future treatment costs.
- Rehabilitation and therapy expenses.
- Loss of earnings.
- Loss of future earning capacity.
- Pain and suffering.
- Permanent disability.
- Psychological injury.
- Care and assistance costs.
- Funeral expenses in fatal cases.
I always explain to clients that compensation is assessed individually by the courts or through negotiated settlement and cannot be guaranteed in advance.
Time Limits for Medical Malpractice Claims in Portugal
Medical negligence claims are subject to legal time limits, and the applicable limitation period may depend on the nature of the claim and the circumstances in which the injury became known.
Because determining the relevant deadline can be legally complex, particularly in cases involving delayed diagnosis or latent injury, I strongly recommend obtaining legal advice as soon as possible after becoming aware of the potential negligence. Delaying action may affect your legal rights and the availability of evidence.
How a Medical Malpractice Lawyer Can Help
Medical malpractice cases are often both legally and medically complex. My role is to guide clients through the process and protect their interests at every stage.
Our assistance may include:
- Initial legal assessment.
- Review of medical records.
- Identification of potential negligence issues.
- Coordination with medical experts.
- Evidence gathering.
- Negotiation with insurers or healthcare providers.
- Preparation of court proceedings where necessary.
- Representation before Portuguese courts and authorities.
- Advice on settlement proposals and litigation strategy.
A carefully prepared case is usually far more effective than a rushed claim based on incomplete information.
Why Choose Our Medical Malpractice Lawyers?
Patients and families choose our firm because we combine litigation experience with a careful, evidence-based approach.
- 14+ years of legal experience.
- Portuguese Bar Association Member (No. 45229L).
- Experience in complex litigation and professional liability matters.
- Multidisciplinary legal team.
- Representation before Portuguese courts and authorities.
- Clear and practical legal advice.
- Careful review of medical documentation.
- Personalised legal strategy for each case.
- Assistance for Portuguese and international clients.
- Communication in Portuguese and English.
Our objective is not simply to pursue litigation but to provide honest legal advice about the strengths, challenges, and realistic prospects of each case.
Meet Our Medical Malpractice Legal Team
Although I supervise the legal strategy for our malpractice matters, clients benefit from the support of an experienced multidisciplinary team.
Ana Estevas contributes expertise in complex cross-border legal issues, documentation management, and procedural coordination.
Rita Pinheiro assists with legal inspections, due diligence, document analysis, and case management.
Conceição Zenida brings valuable experience in administrative procedures, complex legal problem-solving, and client support.
Ilda Vila, educated at the University of Westminster in London, provides strong support in documentation, foreign client assistance, and legal coordination.
Madalena Tibum supports international clients with multilingual communication and efficient case coordination.
Mila João manages legal data systems, document organisation, and administrative workflows that support efficient case handling.
This collaborative structure allows us to provide comprehensive support throughout the legal process.
What Our Clients Say
Real experiences from clients we have had the privilege to represent and protect.
"Advocate Clara Costa became a true protector for our family. At a moment when we felt deeply betrayed by an architect, an engineer, a contractor, and a supposed real‑estate agent we trusted, she stepped in with clarity, strength, and an extraordinary sense of justice. Clara saw the danger immediately — long before we did — and shielded our business and our family from serious harm. Her guidance gave us peace, her integrity gave us confidence, and her vigilance restored our sense of safety. She didn’t just defend our interests; she stood by us as a family when we needed someone trustworthy the most. We, are profoundly grateful for her dedication, her honesty, and her heart. We recommend her wholeheartedly. She is an exceptional advocate — and someone you can truly rely on with her legal expertise and an eagle eye to fine print."
Piedade Godinho
a month ago
"I had an excellent experience working with the law firm of abogada Silva da Costa who help me with the process to become a resident of Portugal. I am grateful for their knowledge and patience answering questions and being there until the day of the final interview when a member of her team helped me with translation with the officer. The whole team was accesible, knowledgeable, professional and kind."
Alicia Sanchez
2 weeks ago
"I would like to express my deepest appreciation for Advocate Clara Silva Costa, who has been a constant source of guidance, strength and reassurance in my life. Even though I live in Goa, India, thousands of miles away, she has always made me feel supported and protected, as if I were right there beside her. She is not only a brilliant lawyer — she is a person of great character, compassion and dedication. I recommend her wholeheartedly to anyone seeking a lawyer they can trust with their life and their future."
Allwyn Souza
a month ago
"Excellent service from start to finish. Her English was perfect, her advice was clear and reliable, and she handled everything with real professionalism. Highly recommended — and she'll be our first call if we need legal help again."
Mark Pittman
a month ago
Frequently Asked Questions
Yes. Depending on the circumstances, liability may arise against a hospital, clinic, healthcare provider, or individual medical professional.
Yes. Medical negligence claims may arise in both public and private healthcare settings.
Not necessarily. If records are not yet available, we can advise on how to obtain them.
Many malpractice cases require independent medical expert evidence to assess the standard of care and causation.
Yes. Foreign nationals who received treatment in Portugal may have legal rights under Portuguese law.
The duration varies depending on the complexity of the case, the need for expert evidence, negotiations, and whether court proceedings become necessary.
Close family members may, in certain circumstances, have rights to pursue claims arising from negligent medical treatment that resulted in death.
Speak With a Medical Malpractice Lawyer in Portugal
Medical negligence cases are often emotionally difficult as well as legally complex. If you believe that you or a family member has suffered harm because of medical treatment in Portugal, obtaining experienced legal advice can help you understand your rights and the available options.
Our firm offers a confidential legal assessment of potential medical malpractice claims. We will review your circumstances carefully, explain the applicable Portuguese legal framework, and advise whether there may be a basis for further action.
Seeking legal advice does not commit you to litigation. It allows you to make informed decisions based on professional legal guidance and a realistic assessment of your case.
Legal Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Every medical malpractice case depends on its specific facts, medical evidence, and applicable Portuguese law. A formal legal assessment should be obtained before taking action in any individual case.
Reviewed by
Clara Silva da Costa
Lawyer – Attorney at Law – Solicitor – Advocate
Member of the Portuguese Bar Association (No. 45229L)
Member of the European Association of Lawyers