Acórdão nº 073035 de Supremo Tribunal Administrativo (Portugal), 25 de Julho de 1985 (caso None)
Magistrado Responsável | MAGALHÃES BAIÃO |
Data da Resolução | 25 de Julho de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: L 2006 DE 1945/04/11. L 2118 DE 1963/04/03. CCIV66 ART486 ART491 ART563.
Sumário : I - Confiado o doente mental a tratamento e resguardado internamento hospitalar, impõem-se ao hospital, como regra elementar, o cumprimento dos deveres de cuidados medicos e de vigilancia inerentes a obrigação especifica hospitalar, que se constitui de harmonia com os artigos 486 e 491 do Codigo Civil. II - Assim, na situação dos autos, e de entender que houve culposa omissão hospitalar relativamente ao dever de vigilancia e cuidados assistenciais, no caso de o doente mental se evadir sem alta do medico, que considerasse findo o tratamento e o internamento, e avisado da evasão, o hospital não fez qualquer diligencia com vista ao imediato regresso do seu internado. III - Para responsabilizar o hospital não...
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