Kwaliteitsregulering: het recht op kwaliteit van de gezondheidszorg in Aruba

Abstract

This research was aimed at the question if the Aruban government is fulfilling its obligation to guarantee the quality of care in its own laws and regulations, and if not, what proposals can be made to improve this. The Aruban legislation has been compared with the Dutch legislation by using a five-step method. Five phases of the Dutch quality regulation have been analyzed: the quality of medical training, medical disciplinary law, the professional standard, institutionalized quality and regulated competition for quality. The result of the research is not affirmative. The Aruban regulations are insufficiently developed. In practice the regulation shows various shortcomings, because it is outdated or not fully implemented, and the laws are not well integrated. A system revision is needed to harmonize all laws and to achieve better law in practice. The lack of local self-regulation also impedes an optimal functioning of all quality laws in Aruba, compared to the Netherlands. Proposals have been made to improve this situation, such as to come up with a completely new system, and also to come up with a legislative amendment so that the right to an independent and impartial investigation into the cause of death of patients in the healthcare sector is regulated. The attending physician should not determine the cause of death. In general, the legal system should be made coherent on the basis of a coherent vision of the quality of healthcare.