Subjektive aspekter af sundhedsprofessionelles disciplinæransvar

In Denmark, like in other Scandinavian countries, health professionals carry a disciplinary responsibility for their professional conduct. They must exercise diligence (’carefulness and conscientiousness’, Authorization Act Para 17) and their compliance with this law requirement is supervised by a disciplinary board. In case of breaches of law, the board may issue a reprimand. Para 17 is often referred to as a ‘legal standard’, with its content being defined through supplementary norms. From this perspective, health professionals’ responsibility is typically assessed with direct reference to compliance or breach of law or ‘objective’ norms. However, in accordance with the wording of Para 17, the assessment also implies consideration of more ‘subjective’ elements of responsibility (Da. ‘tilregnelse’; if the individual in question has demonstrated carelessness). This article reviews the assessment of the subjective element of health professionals’ individual legal responsibility in Danish disciplinary board case law.