Damage caused by medical drug: producer liability under Portuguese law

Abstract

Objective: to analyze, on the one hand, the legal regime applicable in case of damages caused by medicines and, on the other hand, the difficulties that arise with the (in) sufficiencies of that same regime. Methodology: a bibliographic analysis was carried out on this topic. Results: although the legal regime in force proves to be adequate to most products, the same cannot be said when a medicine is concerned, taking into account its own characteristics and the interaction with the human body that immediately establishes itself. Conclusion: as in other European legal systems, it could be envisaged to legislate specifically on civil liability arising from damage caused by drugs, as is the case in Germany, or to enshrine some regime differences when a drug is concerned, as happened in Spain.