Importing notions in health law: science and proven experience
Wahlberg, Lena LU and Persson, Johannes LU
(2017)
In European Journal of Health Law
24.
p.565-590
- Abstract
- In Swedish law, the notion of ‘science and proven experience’ (in Swedish, vetenskap och beprövad erfarenhet) defines the gold standard for public decision-making and practice, especially in medicine. The notion is notoriously vague but nevertheless plays an important role in the distribution of rights and duties of patients and healthcare workers. For example, failure to provide care in accordance with this standard can lead to penal responsibility. The notion also helps to define Swedish patients’ right to reimbursement for cross-border healthcare. From a legal point of view, the notion is especially intriguing because it appears to import medical standards into the legal conceptual apparatus. The purpose of this article is to explore... (More)
- In Swedish law, the notion of ‘science and proven experience’ (in Swedish, vetenskap och beprövad erfarenhet) defines the gold standard for public decision-making and practice, especially in medicine. The notion is notoriously vague but nevertheless plays an important role in the distribution of rights and duties of patients and healthcare workers. For example, failure to provide care in accordance with this standard can lead to penal responsibility. The notion also helps to define Swedish patients’ right to reimbursement for cross-border healthcare. From a legal point of view, the notion is especially intriguing because it appears to import medical standards into the legal conceptual apparatus. The purpose of this article is to explore the mechanisms of this and
kindred ‘importing notions’ by investigating the role that the notion of science and proven experience plays in Swedish law and in the transfer of information between the legal and medical fields. (Less) - Abstract (Swedish)
- In Swedish law, the notion of ‘science and proven experience’ (in Swedish, vetenskap och beprövad erfarenhet) defines the gold standard for public decision-making and practice, especially in medicine. The notion is notoriously vague but nevertheless plays an important role in the distribution of rights and duties of patients and healthcare workers. For example, failure to provide care in accordance with this standard can lead to penal responsibility. The notion also helps to define Swedish patients’ right to reimbursement for cross-border healthcare. From a legal point of view, the notion is especially intriguing because it appears to import medical standards into the legal conceptual apparatus. The purpose of this article is to explore... (More)
- In Swedish law, the notion of ‘science and proven experience’ (in Swedish, vetenskap och beprövad erfarenhet) defines the gold standard for public decision-making and practice, especially in medicine. The notion is notoriously vague but nevertheless plays an important role in the distribution of rights and duties of patients and healthcare workers. For example, failure to provide care in accordance with this standard can lead to penal responsibility. The notion also helps to define Swedish patients’ right to reimbursement for cross-border healthcare. From a legal point of view, the notion is especially intriguing because it appears to import medical standards into the legal conceptual apparatus. The purpose of this article is to explore the mechanisms of this and
kindred ‘importing notions’ by investigating the role that the notion of science and proven experience plays in Swedish law and in the transfer of information between the legal and medical fields. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/d1d37669-9a73-4838-8835-583b9404f3b7
- author
- Wahlberg, Lena
LU
and Persson, Johannes
LU
- organization
- publishing date
- 2017
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Administrative law, Science and proven experience, Philosophy of science, Förvaltningsrätt
- in
- European Journal of Health Law
- volume
- 24
- pages
- 565 - 590
- publisher
- Brill
- external identifiers
-
- scopus:85018187592
- wos:000416307200004
- ISSN
- 0929-0273
- DOI
- 10.1163/15718093-12453308
- project
- Science and Proven Experience
- language
- English
- LU publication?
- yes
- id
- d1d37669-9a73-4838-8835-583b9404f3b7
- date added to LUP
- 2017-02-09 15:01:27
- date last changed
- 2022-11-13 03:40:06
@article{d1d37669-9a73-4838-8835-583b9404f3b7,
abstract = {{In Swedish law, the notion of ‘science and proven experience’ (in Swedish, vetenskap och beprövad erfarenhet) defines the gold standard for public decision-making and practice, especially in medicine. The notion is notoriously vague but nevertheless plays an important role in the distribution of rights and duties of patients and healthcare workers. For example, failure to provide care in accordance with this standard can lead to penal responsibility. The notion also helps to define Swedish patients’ right to reimbursement for cross-border healthcare. From a legal point of view, the notion is especially intriguing because it appears to import medical standards into the legal conceptual apparatus. The purpose of this article is to explore the mechanisms of this and<br/>kindred ‘importing notions’ by investigating the role that the notion of science and proven experience plays in Swedish law and in the transfer of information between the legal and medical fields.}},
author = {{Wahlberg, Lena and Persson, Johannes}},
issn = {{0929-0273}},
keywords = {{Administrative law; Science and proven experience; Philosophy of science; Förvaltningsrätt}},
language = {{eng}},
pages = {{565--590}},
publisher = {{Brill}},
series = {{European Journal of Health Law}},
title = {{Importing notions in health law: science and proven experience}},
url = {{https://lup.lub.lu.se/search/files/35851876/Wahlberg_Persson_2017.pdf}},
doi = {{10.1163/15718093-12453308}},
volume = {{24}},
year = {{2017}},
}