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Centro de Direito Biomédico

Projectos de investigação em 2011

(Investigadores: Helena Moniz, André Dias Pereira, Margarida Costa Andrade, Filipa Sá)
FCT - Projectos de I&D
“Base de dados de perfis de ADN com propósitos forenses em Portugal - questões actuais de âmbito ético, prático e político”,  referência FCOMP-01-0124-FEDER-009231
Instituição Proponente: Centro de Estudos Sociais
IR: Helena Machado
URL: http://dnadatabase.ces.uc.pt
Instituição Participante: Centro de Direito Biomédico
Investigador: Helena Moniz
"Para um quadro legal de Responsabilidade Médica menos agressivo, mais eficaz e mais favorável à redução do erro médico",referência  PTDC/CPJ-JUR/111133/2009
(Investigadores: Guilherme de Oliveira (IR), Jorge de Sinde Monteiro, Manuel da Costa Andrade, Rui Cascão, Helena Moniz, Sandra Passinhas, Maria Manuel Veloso, André Dias Pereira, Mafalda Castanheira Neves, Rafael Vale e Reis, Carla Gonçalves, Sónia Fidalgo, Paulo Sancho, João Pinto Monteiro)
Criterion A - Scientific merit and innovative nature of the project from an international standpoint, including but not limited to: i) Relevance and originality of the project proposed (based on the state-of-the art in a determined scientific area and previous work done by the proposing team); ii) Methodology adopted for carrying out the project; iii) Expected results and their contribution to scientific and technological knowledge; iv) Resulting publications and articles; v) Contribution towards promoting and disseminating science and technology; vi) Production of knowledge that can be incorporated into and applied to the business sector.

  • Rating: Excellent 
  • Comments: The project adresses a very important area of research which is a central one around the world, is well-researched and debated, and remains highly controversial. The system of complaints and the issue of liability of the medical profession is of high significance both in terms of policy relevance and academic merit. A proper legal framework is of interest to patients and doctors and research in this area is also of economic concern for the medical system. Exploring ways of decriminalising medical negligence and introducing no-fault civil reponsibility are trajectories that are explored in many jurisdictions and are certaily worthwile studying in the Portuguese context. The research project's foci on the role of "non-judicial entities, such as commissions of jurists and physicians", procedural costs in awarding compensation, the professionally controlled reporting systems and limits of the criminal law jurisdiction are well chosen. The project would benefit from paying particular attention to possibilities of using alternative forms of dispute resolution and self-regulation of the medical profession. The project is well advised to cooperate closely with representatives of the medical profession in exploring alternative systems of dealing with medical liability. It could also benefit from comparative studies. So far it still seems too centered on judicial procedures and could be encouraged to explore alternative in-house or other grievance procdures in operation, for example in the United Kingdom or Germany. Finally, the research team should be cautious with overstating and early claims before the research has been launched. Even the title already implies their conclusions - the research should be careful not to appear as a lobby for a particular result. 

Criterion B - Scientific merit of the research team, including but not limited to: i) scientific productivity of the team (ranging from references to publications and citations in published works as used by the basic and engineering sciences, to performance and artistic work in the arts or monographs and books in the humanities and social sciences); ii) Abilities and skills to adequately execute the proposed project (team configuration, Principal Investigator’s qualifications); iii) Ability to involve young researchers in training; iv) Availability of the team and non duplication of objectives in relation to other projects underway; v) The degree of internationalization of the team; vi) Degree of success in previous projects in relation to the Principal Investigator (PI) (in the case of young PIs, this requirement must be assessed based on the potential revealed by the PIs curriculum vitae in the absence of prior concrete accomplishments); vii) Level of commitment of any companies participating in the project (if applicable).

    • Rating: Excellent 
    • Comments: The research team consists of an excellent mix of experts. The three areas of expertise represented in the research team (disciplinary, civil and criminal) cover the main areas in studying professional responsibility. The research team is experienced and established has been working together for a number years. The principal researchers have an established track record of projects and publications. They have a good international standing. The prosed research includes young researchers in an adequate way.

Criterion C - Feasibility of the plan of work and reasonableness of the budget, including but not limited to: i) organization of the project in terms of the proposed objectives and resources (duration, equipment, size of the team, institutional and management resources); ii) institutional resources of the participating entities, in particular of the Principal Contractor (PC) (technical-scientific, organizational and managerial and, when appropriate, co-funding capacity on the part of companies).

  • Rating: Very Good 
  • Comments: The size of the team seems big. It probably could undertake its tasks with a reduction of personnel and funding. 

Criterion D - Contribution to the body of knowledge in this field and improvement of competence of the scientific community in general, including but not limited to: i) Contribution to the body of knowledge and competence of the National Science and Technology System (expected effects and results).

  • Rating: Excellent 
  • Comments: The research team engages in unique and highly policy relevant research. It promises to make a valuable contribution to the body of knowledge in dealing with medical liability of both the national and international scientific community.

Acções integradas luso-espanholas 2011:

Projecto: Biodireito Internacional: marco jurídico europeu relativo à investigação biomédica na transferência e reprogramação celular

Investigadores Portugueses: Guilherme de Oliveira, João Carlos Loureiro, Rafael Vale e Reis

Investigadores espanhóis (Faculdade de Direito da Universidade de Sevilha): Daniel Garcia e Juan José Sánchez)