Analisis Kebijakan Perlindungan Hukum Korban Malpraktek Profesi Medis : A Literature Review

Agustin, Eva Nur; Maghfiroh, None Shifa Aulia; Annisa, Sarah Rania; khoirunnisa, Aghnia; Istanti, None Novita Dwi

doi:10.55606/klinik.v2i1.778

Cited by 3 publications

(2 citation statements)

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“…The lack of a clear definition, types of violations, liability regulations, degrees of faults, and corresponding sanctions creates a legal vacuum in the understanding and regulation of medical malpractice. It is important for the legal system in Indonesia to address these gaps and conflicts to provide a robust legal framework that protects the right patients, establishes clear standards for healthcare professionals, and promotes a fair and effective systems for addressing medical malpractice cases (Eva et al, 2023;Putra, 2020).…”

Section: Resultsmentioning

confidence: 99%

Education for Medical Personnel Malpractice: A Literature Review

Putra,

Purwani,

Fitriyastanti

et al. 2023

jppipa, pendidikan ipa, fisika, biologi, kimia

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Doctors who adhere to professional standards, service standards, and standard operating procedures can generally expect legal protection in their medical practice. Following established protocols and guidelines helps ensure that doctors provide care within accepted norms, reducing the likelihood of malpractice allegations. This is a literature review study that analyzed the literature related to the malpractice law. The initial involved searching various databases, including MEDLINE via PubMed, Scopus, and Web of Science from April to May,2023. This search was performed using specific terms, namely doctor, dentist, malpractice, and Indonesian laws. The literature search yielded a total 153 citation (Fig. 1). Upon completion of title and abstract screening, 75 full-texts were deemed potentially relevant and reviewed. Subsequently, 21 documents fulfilled our eligibility criteria and were included. The Medical Council of Indonesia (MKDKI) has the authority to examine complaints related to the discipline of doctors and dentists and determine whether any mistakes were made in the application of medical and dental disciplines. The decisions made by MKDKI can have implications for the professional standing and disciplinary actions against doctors.

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Section: Resultsmentioning

confidence: 99%

Education for Medical Personnel Malpractice: A Literature Review

Putra,

Purwani,

Fitriyastanti

et al. 2023

jppipa, pendidikan ipa, fisika, biologi, kimia

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“…Criminal malpractices occur when a doctor with a predetermined intent does something that is not necessary or should not be done. Medical malpractices are a medico-legal issue about harm or damage to a patient caused by or related to the health care system in which they are receiving clinical care (Agustin et al, 2023).…”

Section: Introductionmentioning

confidence: 99%

Medical Disputes on the Concept of Inspanningsverbintenis vs Resultaatsverbintenis: A Critical Review

2023

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The relationship between patients and doctors in health services is a therapeutic contract-based relationship. The therapeutic contract begins with an (unwritten) agreement where both parties are assumed to be accommodated when the agreement is reached. Agreement that can be reached include agreeing to medical action or rejecting a medical action plan. Doctors as health workers who work in the health care sector are involved in a working relationship with the hospital as a place to carry out their profession. A doctor working in a hospital also has an administrative relationship that affects rights and obligations between the two parties and responsibilities to third parties. In the relationship between patients and the hospital, patients are the recipient of health services and the hospital is the provider of such services. Hospitals are obliged to provide health services in accordance with health care standards. Doctors, patients and hospitals are in a relationship based on trust, under an assumption that doctors can cure patients' illnesses and will do the best for patients. However, this mindset has changed along with the times, science, and technology that affect the human mind. Their social-moral-oriented relationship has turned into a material-oriented one because doctors face various demands to improve their professionalism. The change in orientation above is one of the causes of medical conflicts and disputes. Conflicts arise between doctors as health service provider and patients as health service receivers. Conflicts can turn into disputes if the party who feels aggrieved has expressed dissatisfaction with the party considered to be the cause. Medical disputes have risen sharply along with the disruption of services amid the turbulence of the COVID-19 pandemic throughout 2020 and 2021. The high rate of disputes also begs question of quality control of health services. This qualitative research-based article attempted to describe and analyze the phenomenon of medical disputes at the Dr. Iskak General Hospital of Tulungagung using the conception of inspanningsverbintenis vs resultaatsverbintenis. The findings show that, in the provision of health services, there may arise four violation categories, namely: ethical violations, disciplinary violations, administrative violations, and legal (both civil and criminal) violations.

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The Role of Hospital By Laws in Providing Legal Protection Against Alleged Medical Malpractice at the Padang Panjang City Regional General Hospital

Yofiza Media,

Mayestati,

Prima Resi Putri

2024

IJSL

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Hospital By Laws (HBL) is an internal hospital rule designed to provide legal protection to both patients and medical personnel. In the context of Padang Panjang Hospital, HBL should function as a reference in resolving medical disputes and maintaining the quality of health services. Based on the analysis of the situation, HBL has not functioned optimally, especially in dealing with cases of alleged medical malpractice. The purpose of this study was to analyze the role of HBL in providing legal protection against alleged medical malpractice at Padang Panjang Hospital, as well as to find obstacles faced in its implementation. The method used is a sociological juridical approach with primary data obtained through interviews with related parties in the hospital, and secondary data from related legal literature. The results of the study show that many cases of alleged malpractice are resolved informally through mediation, without using strict legal procedures based on HBL. Several cases such as misalignment of surgery, incorrect installation of infusions in infants, and negligence in the installation of Nasogastric Tube (NGT) are examples of the weak implementation of HBL at Padang Panjang Hospital. The main obstacle found in the implementation of HBL is the lack of understanding and awareness from hospitals of the importance of HBL as a legal instrument. Dispute resolution is more often carried out through a family approach without involving the formal rules regulated in the HBL. This shows that there is a gap between existing regulations and practices carried out in the field. The supervision mechanism for the implementation of HBL in hospitals has also not run well, so this rule is not functioning as it should. This study suggests the need to strengthen the implementation of HBL at Padang Panjang Hospital through more intensive socialization to all medical personnel and hospital management as well as training on professional ethics and medical service standards. Supervision is needed to ensure that these rules are properly implemented in resolving medical disputes. Padang Panjang Hospital is expected to improve the quality of its services while providing better legal protection for patients.

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Analisis Kebijakan Perlindungan Hukum Korban Malpraktek Profesi Medis : A Literature Review

Cited by 3 publications

References 0 publications

Education for Medical Personnel Malpractice: A Literature Review

Education for Medical Personnel Malpractice: A Literature Review

Medical Disputes on the Concept of Inspanningsverbintenis vs Resultaatsverbintenis: A Critical Review

The Role of Hospital By Laws in Providing Legal Protection Against Alleged Medical Malpractice at the Padang Panjang City Regional General Hospital

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