LEGAL LIABILITY FOR MEDICAL ERRORS IN HEALTH SERVICES IN HOSPITALS

• Autor(a) principal: Retnowati, Anny
• Data de Publicação: 2023
• Outros Autores: Sundari , Elisabeth, Bagaskara, Wira Adi
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Lex Humana
• Texto Completo: https://seer.ucp.br/seer/index.php/LexHumana/article/view/2510
• topic: Law; Medical Error; Hospital; Liability

Health service regulations in hospitals already exist to protect the parties concerned, even though there are still errors in health services. Several cases of medical disputes between patients and hospitals that have occurred in Indonesia. Based on this background, there is a formulation of the problem discussed in this study, which is as follows: How is legal responsibility for medical errors in health services in hospitals. And how is legal policy so that medical errors in health services in hospitals can be minimized. The type of research that will be used is a normative research type, where the author examines positive law related to legal liability for medical errors in hospitals and uses secondary data in the form of other legal materials as data in this writing. The results of the study show that legal liability for medical errors in service Health care in the hospital can be resolved by legitimacy or non-litigation. Legally, you can be sued for compensation based on Article 1367 of the Civil Code or criminally prosecuted based on Article 360 ​​in conjunction with Article 55 of the Criminal Code. Meanwhile, non-litigation can be done through mediation based on Article 29 of Law Number 36 Year 2009 concerning Health. Legal policies so that medical errors in health services in hospitals can be minimized through several stages, namely the formulation stage (legislative policy), the application stage (judicial policy) and the execution stage (executive policy).