In October, the Court of Appeal issued its decision: it was right to cancel the professional identity of Dr. Staffan Bergström. The reasoning behind the decision was succinct. The court stated that Staffan Bergström’s argument did not give them any reason to make a different assessment than the previous legal body – the Administrative Court – had already done.
Now Staffan Bergström has taken the case to the highest judicial level: the Supreme Administrative Court. It is also something he was always clear that he would do if necessary.
Because the previous Court of Appeal decision was as brief as it was, he sees a positive sign for obtaining permission to appeal to the Supreme Administrative Court. A review permit is required for the Supreme Administrative Court to consider the case at all.
– Our interpretation and that of many lawyers is that it is very common, in the case of a very important common law case, to be pushed up the chain in order to get a precedent.
The case, which received much attention, revolves around Staffan Bergström helping a man with amyotrophic lateral sclerosis (ALS) end his life in 2020. The man himself took the medication that Staffan Bergström gave him.
Staffan Bergström then turned himself in to the police, who launched a preliminary investigation, but it was dropped. Therefore, he was not suspected of committing a crime.
But the Inspectorate for Welfare and Welfare (Ivo) carried out an audit that led to the Health and Welfare Board (HSAN) taking the decision to revoke Staffan Bergström’s doctor’s licence. Staffan Bergström appealed this decision to the Administrative Court, which upheld HSAN’s decision at the end of May this year. The ruling was appealed to the Court of Appeal, which announced in October that it would follow the Administrative Court’s line. Now the case may instead become a precedent in the Supreme Administrative Court.
Staffan Bergström says that the appeal to the Supreme Administrative Court contains nothing new in substance. It’s basically the same criticism leveled against the Administrative Court’s ruling, but Staffan Bergström doesn’t think the Court of Appeal has responded to it, which he previously commented on in Lakartedningen.
– The text that we presented to the Court of Appeal stands very well. In any case, we noticed that the Court of Appeal did not discuss a single substantive issue, so he says and continues:
We lacked substantive legal objections from the Court of Appeal.
Staffan Bergström also indicates that he is ready to raise this issue in the European Court of Justice.
Court of Appeal: Right to annul the identity of Staffan Bergström
Staffan Bergström’s appeal against the euthanasia ruling has been filed
Court: Staffan Bergström will not get his medical license back
HSAN decision: Staffan Bergström loses his medical licence
Staffan Bergström is ready to fight for his identity
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