Commentary on Order No. 17634 of 2024: Accounting Liability and Compensation Actions Against Healthcare Professionals

The recent Order No. 17634 of June 26, 2024, issued by the Court of Auditors, provides an important interpretation regarding accounting liability concerning healthcare professionals, clarifying the implications of compensation actions by healthcare administrations. This provision is particularly significant, especially in the context of Law No. 24 of 2017, which introduced important changes to professional liability in the healthcare sector.

Distinction Between Accounting Liability and Compensation Action

The Court has established that the action for accounting liability against healthcare professionals is admissible even in the period prior to the entry into force of Law No. 24 of 2017. However, this does not exclude the possibility for the administration to also pursue civil compensation actions against doctors. The two actions are distinct and autonomous, pursuing different objectives and interests:

  • Actions for Accounting Liability: aim to ensure the proper functioning of public administration and the correct use of public resources.
  • Compensation Actions: aim to restore the damage suffered by the administration, without punitive purposes.
In general. The action for accounting liability against healthcare professionals, admissible even under the regime prior to the entry into force of Law No. 24 of 2017, does not exclude that the administration may pursue ordinary civil liability actions, as these are distinct, autonomous actions aimed at protecting different interests, which, in the first case, are of a public and general nature, as they relate to the proper functioning of public administration and the correct use of resources, and, in the second case, remain confined to the acting administration, which acts with non-punitive aims, but solely to obtain full restoration of the damage suffered; such actions, if cumulatively exercised, encounter the limit of the prohibition of duplication of compensation claims, needing to take into account, with a reducing effect, what has already been liquidated in another venue.

Practical Implications of the Ruling

This clarification from the Court of Auditors has important implications for healthcare administrations and professionals in the sector. The possibility of combining actions for accounting liability and compensation actions provides public entities with a more effective tool to protect their interests and ensure the proper use of resources. However, it is essential to pay attention to the prohibition of duplication of compensation claims, thereby avoiding the risk of excessive or unfounded requests.

Conclusions

In conclusion, Order No. 17634 of 2024 represents an important step forward in defining responsibilities in the healthcare sector. The distinction between actions for accounting liability and compensation actions is crucial to ensure the proper functioning of public administration and to protect the rights of the administrations themselves. It is essential that professionals in the sector understand these distinctions in order to operate effectively and in compliance with current regulations.

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