Legal Protection Of Surgical Doctors That Does The Operation In Palembang Charitas Group Hospital

Febrero Andro Dwi Fauzan, Helwan Kasra

Abstract


The formulation of the problem in this study is 1) What is the legal protection for surgeons in carrying out operations that result in patients dying at Charitas Group Hospital Palembang? and 2) What are the factors that influence the legal protection of surgeons in carrying out operations that result in the patient's death at Charitas Group Hospital Palembang?. The research method used is normative and empirical juridical research. Sources of data used in this study consist of primary data and secondary data. Based on the results of the study, it shows that 1) Legal protection for surgeons who carry out operations at the Charitas Group Hospital in Palembang is carried out in a preventive and repressive manner because until now doctors in the city of Palembang have received fairly good legal protection, even though doctors on duty also often receive complaints from the patient or the patient's family because civilly it can be resolved through mediation where legal protection for the surgeon who performs surgery will be accepted if the obligations inherent in a medical profession are fulfilled in Law no. . 36 of 2009 concerning Health. Law No. 29 of 2004 concerning Medical Practice, Government Regulation No. 32 of 1996 concerning Health Workers, and Law no. 36 of 2014 concerning Health Workers and Hospitals are also responsible for malpractice lawsuits according to article 46 of the Hospital Act.; and 2) s family because civilly it can be resolved through mediation where legal protection for the surgeon who performs surgery will be accepted if the obligations inherent in a medical profession are fulfilled in Law no. 36 of 2009 concerning Health. Law No. 29 of 2004 concerning Medical Practice, Government Regulation No. 32 of 1996 concerning Health Workers, and Law no. 36 of 2014 concerning Health Workers and Hospitals are also responsible for malpractice lawsuits according to article 46 of the Hospital Act.; and 2) s family because civilly it can be resolved through mediation where legal protection for the surgeon who performs surgery will be accepted if the obligations inherent in a medical profession are fulfilled in Law no. 36 of 2009 concerning Health. Law No. 29 of 2004 concerning Medical Practice, Government Regulation No. 32 of 1996 concerning Health Workers, and Law no. 36 of 2014 concerning Health Workers and Hospitals are also responsible for malpractice lawsuits according to article 46 of the Hospital Act.; and 2)Factors that affect legal protection for surgeons in carrying out operations include SOP violations, clinical pathway incompatibility, informed consent and medical ethics in serving patients

Keywords


legal protection, surgeon, operation implementation

Full Text:

PDF

References


Amri Amir, 2017, Anthology of Health Law, Jakarta: Widya Medika

Anny Isfandyarie and Fahrizal A, 2017, Legal Responsibilities and Sanctions for Doctors, Jakarta: Kencana

Bahder Johan Nasution, 2015, Doctor's Liability Health Law, Jakarta, PT Rineke Cipta

Cst Kansil, Christine, ST Kansil, Engelien R, Palandeng and Godlieb N Mamahit, 2017, Dictionary of Legal Terms, Jakarta: Kompas

Hendrojono Soewono, 2016, Protection of Patient Rights in therapeutic transactions, Jakarta: Rajawali Press

M. Jusuf Hanafiyah, 2018, Medical Ethics and Health Law, Jakarta; EGC

Syachrul Machmud, 2018, Law Enforcement and Legal Protection for Doctors Allegedly Conducting Medical Malpractice, Bandung, CV.Mandar Maju

Syahrul Machmud, 2019, Law Enforcement and Legal Protection for Doctors Suspected of Conducting Medical Malpractice, Bandung: CV. The work of Putra Darwati

B. Legislation

Law No. 8 of 1999 concerning Consumer Protection

Law Number 36 of 2009 concerning Health

Law Number 29 of 2004 concerning Medical Practice

C. Other Sources

Amiruddin., Syafruddin., Zuraidawati., Desky, R., Siregar, TN, Sayuti, A., Harris, A., 2015. The effect of giving papaya fruit sap (Carica papaya L.) and povidone iodine on the healing of castration wounds in cats (Felis domestica) male. Journal of Veterinary Medicine. Vol. 9 No. 1.

Budikasi, FIE, Mulyadi., Malara, R., 2015. The relationship between giving informed consent and the level of anxiety in preoperative patients with physical status category III Emergency American Society of Anesthesiologists (ASA) in the Emergency Room at Prof. Dr. RD Kandou Manado. Nursing Ejournal (e-Kp). Vol. 3 No. 2.

Muh Endriyo Susila, 2016, Socio-Juridical Implications of Criminal Charges Against Doctors Related to Allegations of Medical Malpractice", Scientific Journal of the World of Law: "Vol. 1 No. 1, October 2016.

Olivia Putri Damayanti, Neza Zakaria, 2013, Doctor's Criminal Liability in Malpractice Cases in Various Laws and Regulations in Indonesia, Journal of Law Vol. 2 No. 2, May-August 2013.




DOI: https://doi.org/10.30596/dll.v8i2.15253

Refbacks

  • There are currently no refbacks.


Address:

Faculty of Law,  University of Muhammadiyah Sumatera Utara Jl. Kapten Mukhtar Basri No. 3 Medan, Kode Pos 20238

E-mail: delegalata@umsu.ac.id

Telp/HP/WA : 081262664567

DE LEGA LATA: Jurnal Ilmu Hukum is abstracting & indexing in the following databases: 

  Creative Commons License

De Lega Lata: Jurnal Ilmu Hukum is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Statcounter