The right of patients of healthcare services to be accompanied

Legal Brief by Carlos Vasconcelos

In 2025, the Health Regulatory Authority received, on average, two complaints per day based on an alleged breach of the right of patients of healthcare services to be accompanied.

By the end of April of this year, the number of complaints submitted was already approaching two hundred.

This right is expressly enshrined in Article 12 of Law No. 15/2014 of 21 March, which sought to consolidate the rights and duties of patients of healthcare services, giving effect to Base XIV of the Basic Health Law.

As regards establishments forming part of the National Health Service, the law is clear in enshrining the right of all their patients to be accompanied by a person designated by them. Under the law, healthcare establishments are required to provide this information upon admission to the service.

This is a universal right, held by all citizens.

It is a right which is strengthened, under the terms laid down by law, for pregnant women, minors, persons with disabilities, persons in a situation of dependency, and persons with an incurable disease, at an advanced stage and in the final stage of life.

It is a right which, in exceptional situations, may be limited, under the terms expressly provided for by law. Specifically, accompaniment is not permitted during surgical interventions and other examinations or treatments which, by their nature, may have their effectiveness and proper performance impaired by the presence of the accompanying person; and, in any event, accompaniment may not compromise the technical conditions and requirements governing the provision of medical care. All of this must be communicated and explained to the accompanying person.

The accompanying person is entitled to be adequately informed, within a reasonable time, about the patient’s condition at the different stages of care, unless expressly indicated otherwise by the patient and, in all cases, with respect for matters protected by clinical confidentiality.

The accompanying person must behave with civility and must respect and comply with the duly reasoned instructions and directions of the service professionals. In the event of a breach of the duty of civility, disobedience or disrespect, the services may prevent the accompanying person from remaining with the patient and order them to leave the service, without prejudice to their replacement by another accompanying person.

The number of complaints submitted regarding the possible breach of this right calls upon us to provide greater clarification as to its content and the manner in which it may be exercised, without forgetting that the exercise of the right to be accompanied is the rule, not the exception.