Willemijn Krugers Dagneaux is a master of law and PhD candidate at the University of Groningen. There she teaches medical students. Professional secrecy is already discussed in the first week.
“The first lecture students receive from me is about professional secrecy. So it’s about how they should keep quiet about everything they need to know about their patients and how they shouldn’t share that information with others,” she says.
According to Krugers Dagneaux, the regional disciplinary board consists of lawyers and colleagues from the relevant profession. They do not assess whether someone is guilty of a crime, but whether a healthcare provider has acted as would be expected of a reasonably competent professional.
“Why did they break professional secrecy? Have they taken procedural steps? Have they discussed it with colleagues and what was the advice of those colleagues? Have they properly recorded it in the file, is that assessment correct? These kinds of things are being looked at,” the PhD candidate knows.
The possible consequences also differ considerably from those in criminal law. A criminal judge can impose penalties such as a fine, community service or imprisonment. A disciplinary board has other instruments, Krugers Dagneaux knows.
“These are different measures that range from light to severe. You can impose a warning or a reprimand. Another possible measure is a fine, but this is not often imposed by the colleges,” she explains. “Someone can be suspended from their profession as a healthcare provider, but that does not happen quickly. Something serious must be done for that.”
Another difference is that in criminal law a suspect has the right to remain silent. Within disciplinary law, the professionals involved are expected to be open and actively cooperate in the investigation.
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