Negligence Findings Put Algarve Surgeon on Six-Week Sidelines

A drive down the EN125 toward Faro usually ends with blue-sky views of the Ria Formosa. Lately, however, conversation among the Algarve’s international community has centered on something less idyllic: an experienced surgeon at the region’s main public hospital is facing a 40-day suspension for alleged negligence, a reminder that even in Portugal’s famously convivial south, the health-care system is not immune to controversy. While the case plays out, expats wondering whether to book that long-postponed knee replacement—or to keep their private insurance active—have a fresh file to consider.

A cautionary tale for Algarve’s international patients

Faro’s public facility, now folded into the Unidade Local de Saúde do Algarve (ULS Algarve), is where many foreign residents end up for emergencies or elective operations. The latest investigation, led by the Inspeção-Geral das Atividades em Saúde (IGAS), concluded that one of its senior surgeons committed five serious breaches of clinical duty between January and March 2023. For the region’s sizeable British, German and French populations—more than 112,000 foreigners were registered in the Algarve last year—the headline carries weight. Patient safety, the credibility of surgical departments, and the length of waiting lists are all issues that directly affect newcomers still learning the ropes of the Portuguese Serviço Nacional de Saúde (SNS).

How a junior doctor’s alarm set the wheels in motion

The story began when Diana Pereira, then a surgical trainee, filed an 11-case dossier of alleged errors. Among her claims were an accidental castration, the loss of a kidney, and three deaths she linked to poor decision-making. IGAS investigators narrowed the accusations to five patients but found enough evidence to label the surgeon’s behaviour "negligent", a legal term that in Portugal implies violation of deontological duties, not merely a difference of opinion over technique. Earlier this year Ms. Pereira transferred to Porto’s São João University Hospital, telling reporters the proposed penalty was “much too mild.”

What IGAS actually proved—and why it matters

IGAS said the surgeon failed to comply with leges artis, the professional standard of care required under Portuguese law. The agency pointed to inadequate pre-operative assessment, improper surgical technique, and a pattern of repeating risky approaches despite earlier warnings. He had previously received a written reprimand, turning this latest finding into a case of reincidence, an aggravating factor. Disciplinary files have been forwarded to the Polícia Judiciária and the Ministério Público for possible criminal proceedings, a route that in Portugal can end in fines, suspended sentences, or, in rare circumstances, imprisonment if gross negligence is proven in court.

The hospital board holds the final pen—and the clock is ticking

Under Portuguese labour law, IGAS only recommends sanctions; the ultimate sign-off lies with the ULS Algarve administration board. Managers were officially notified in late August and now have up to three months to enforce, amend, or reject the suspension. The board told local press it had not yet received the full dossier, a procedural wrinkle that can stall action. Meanwhile the Ordem dos Médicos, Portugal’s professional regulator, is running its own inquiry after earlier preventative suspensions of two other Faro surgeons were overturned on legal grounds. Should the board confirm IGAS’s proposal, the surgeon would lose salary and seniority for the duration, returning to duty only after the 40 days elapsed.

Will this worsen surgical waiting times in the Algarve?

The Algarve already struggles with some of the longest surgical queues in mainland Portugal; hip-replacement waits of over 800 days were recorded in 2022. Hospital administrators insist that a six-week absence will be absorbed by redistributing cases and referring overflow to other units in Portimão or to contracted private clinics under the SNS voucher scheme. Still, local patient-rights groups caution that even a temporary staff gap in a high-volume specialty risks pushing borderline cases past the government’s maximum waiting-time guarantee, after which patients may request treatment elsewhere at state expense. For retirees who chose the Algarve expecting sun-soaked, low-stress living, delayed surgery can be more than an inconvenience; it can threaten mobility and quality of life.

Portugal’s medical discipline machinery, explained

Unlike in some countries where hospital managers handle everything internally, Portugal splits oversight among IGAS, the Ordem dos Médicos, and the Public Prosecutor’s Office. IGAS addresses administrative responsibility, the Ordem investigates ethical breaches, and prosecutors weigh criminal liability. Sanctions range from written warnings to license suspensions that can last several years. The multi-layered process tends to be slow—critics say too slow—but it also means doctors face scrutiny from several independent bodies, offering a degree of checks and balances that may reassure foreign residents unfamiliar with the system.

If you have concerns about your own care

Patients—or their legal proxies—can file complaints directly with the hospital’s Patient Office (Gabinete do Utente), through the SNS online portal, or by writing to IGAS at igas.gov.pt. Complaints can be submitted in English, though attaching a Portuguese translation speeds up handling. Keep copies of medical records, surgical consent forms, and any diagnostic images; Portuguese law grants patients full access to their files within 10 days of written request. Private health insurers operating in Portugal, including several international providers, often offer case-management services that can help expats navigate the appeals labyrinth.

Whether you rely solely on the SNS or mix public coverage with private policies, the Faro episode is a timely prompt to review your own health-care plan. Portugal remains among Europe’s safer places to have surgery, but as this case shows, oversight mechanisms are only as effective as the vigilance of patients, colleagues, and regulators willing to blow the whistle when the system falters.