Sundhedsprofessionelles disciplinæransvar – sundhedsretlig status og juridisk problematisering
Publicerad i Nordisk socialrättslig tidskrift nr 31–32.2022, april 2022 s. 7–38
The duty of states to safeguard appropriate health care provision is internationally acknowledged. It is in everyone’s interest that health care providers are well skilled and do their best and one means of promoting health care quality is by holding health professionals responsible for the care they provide. Nonetheless, health care is sometimes perceived unsatisfactory, leading to a disciplinary investigation. From the perspective of patients, health professionals, and society, clarity about rules is of great importance. According to Danish law, authorized healthcare professionals must exercise ‘carefulness and conscientiousness’ (Authorization Act Para 17). One primary task of the Danish health professionals’ disciplinary board is to judge obedience to this obligation. Breach of Para 17 may result in critique or sometimes further investigation that occasionally results in criminal prosecution or authorization withdrawal. In this paper, the Danish disciplinary system is distinguished from other systems addressing health care quality breaches. A review is conducted on existing Danish health law literature describing Para 17 and comparisons are made to other professions upholding service quality through state authorization and disciplinary responsibility. The article identifies a substantial lacuna in the Danish legal literature about health professional disciplinary responsibility and argues that there is a need for deeper investigation into the area, including its foundation in history and the ethical sphere specific to the health care domain, health professional disciplinary responsibility in other countries, its objective and subjective aspects, and reasonable procedures for its assessment.
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Sundhedspersoners underretningspligt og det disciplinære ansvar
Publicerad i Nordisk socialrättslig tidskrift nr 13–14.2016, oktober 2016 s. 63–78