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1. The patient has the right to decide to take or to refuse health care, unless exceptions exist in the law. They have also the right to be informed about their situation, the possible alternatives of treatment and the probable evolution of their condition.
2. Interventions or treatments which, according to the state of knowledge and medical experience, are considered appropriate and are carried out lege artis, by a doctor or another legally authorized person, with the intention of preventing, diagnosing, healing or alleviating illness, suffering, injury of bodily pain or mental perturbation, are not considered an offence upon personal integrity.
3. The treatment provider must inform the patient on the objective, nature, consequences, benefits, costs, risks and alternatives of diagnosis and treatment, as well as of delay or refusal of the proposed treatment. Consent is only valid when the diagnosis and nature, range, magnitude and the possible consequences of the intervention or treatment have been duly explained to the patient, unless that implies the communication of circumstances which, if the patient were to know about them, would endanger his life or would be deemed liable to cause serious harm to his physical or mental health.
4. A written consent is not required in Portugal. The Criminal Code stipulates that the consent can be expressed through any means that convey the serious, free and informed will of the titular of the legally protected interest
5. An intervention without consent is not punishable if it can only be obtained by means of a delay that would imply danger to the life or serious injury to the body or the health of the patient. Consent is neither required when consent had previously been given for a certain intervention or treatment and a different one has to be carried in order to avoid danger to the life, the body or the health of the patient and there are no circumstances which would safely lead to the conclusion that such consent would have been refused.
6. According to the Criminal Code consent can freely be revoked. Specific legal provisions have confirmed the right to withdraw consent.
7. Portugal has no specific legislation on previously expressed wishes. However, such advanced declarations of will would seem acceptable under the existing Portuguese law. Advanced declarations should be given only an indicative value.
8. A minor of 14 years of age and more can give valid consent to medical treatment if he has the ability to fully understand what is involved in the medical treatment in question. In case a minor does not have the ability to consent, consent must be given by the legal guardians of the child and may only be given to promote the interests of the child. With respect to children who are younger than 14 years, the parents of the child have the right to consent to medical treatment.
9. In case of legal incapacity it is undoubtedly necessary for the legal representative to be informed and his consent to be obtained. However, in those cases and inasmuch as the incapable person understands the situation (i.e. being in a condition to understand the reason for the treatment or surgery, its significance and consequences), the patient should not only be informed, but he should also give consent himself. When, for whatever reason, it is not possible to obtain the consent of the legal representative, it is incumbent on the physician to assess and decide upon the complex issue of knowing whether the incapable person does or does not have the capacity reasonably to understand the implications of the treatment that is proposed for him and to make a proper decision on whether such treatment should or should not be postponed until a later date, so that the consent of the legal representative may be obtained.
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