Strasbourg Observers

View posts from: Lopes de Sousa Fernandes v. Portugal

  • Laurens Lavrysen

Medical negligence after Lopes de Sousa Fernandes: a blank check to the Member States with respect to the substance of the right to life?

February 08, 2018

In the Lopes de Sousa Fernandes v. Portugal judgment of 19 December, the Grand Chamber made an attempt to clarify the Court’s case law in the area of medical negligence. Traditionally, the Court has examined cases of death resulting from alleged medical negligence almost exclusively from the viewpoint of the procedural obligations under Article 2. […]