The physician's civil liability under Danish law

Area of Science:

• Medical Law
• Legal Medicine
• Danish Jurisprudence

Background:

• Physician liability in Danish law is primarily based on the principle of negligence.
• The assessment of negligence relies heavily on expert opinions, predominantly from the Medico-Legal Council.

Purpose of the Study:

• To elucidate the legal standards and principles governing physician liability in Denmark.
• To outline the process by which negligence is assessed in medical malpractice cases.

Main Methods:

• Analysis of Danish legal principles concerning medical negligence.
• Examination of the role of expert opinions and the 'reasonable man' standard in court evaluations.
• Review of case law regarding physician's duty of care and informed consent.

Main Results:

• Negligence is assessed against the standard of a competent colleague, considering specialization, time, and available resources.
• Hospitals are liable for employee negligence; the burden of proof rests with the plaintiff.
• Danish law recognizes reasonable discretion, acknowledges differing medical opinions, and applies the knowledge standard from the time of treatment.

Conclusions:

• Physician liability in Denmark is fault-based, requiring proof of negligence assessed through expert medical opinions.
• The legal framework allows for situational assessment and acknowledges the complexities of medical decision-making.
• Informed consent is a principle, often presumed tacitly in Danish medical law.