Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia

Research Article

Legal Protection Against Doctors Suspected of Medical Malpractices in Hospital

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  • @INPROCEEDINGS{10.4108/eai.16-4-2022.2320088,
        author={Devi  Melisa and Darwati  Darwati},
        title={Legal Protection Against Doctors Suspected of Medical Malpractices in Hospital},
        proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2022},
        month={8},
        keywords={legal protection against doctors},
        doi={10.4108/eai.16-4-2022.2320088}
    }
    
  • Devi Melisa
    Darwati Darwati
    Year: 2022
    Legal Protection Against Doctors Suspected of Medical Malpractices in Hospital
    ICLSSEE
    EAI
    DOI: 10.4108/eai.16-4-2022.2320088
Devi Melisa1,*, Darwati Darwati1
  • 1: Universitas Borobudur, Jakarta, Indonesia
*Contact email: devimelisa@gmail.com

Abstract

The relationship between doctors and patients, which was originally paternalistic, was both parties who agreed to have a legal relationship in the form of a therapeutic contract. Therapeutic Agreements or Therapeutic Transactions, or Therapeutic Contracts are agreements between doctors and patients that authorize doctors to perform out efforts supply patient care relying on the doctor's knowledge and skills, Entitlements derive from the treatment item's legal connection. Each party, the patient has the rights and obligations, and vice versa with the doctor. The problems that can be raised in this paper; What legal immunity does a doctor have at a hospital if he or she is suspected of committing misdiagnosis? As for the research method in order to solve the problem, Tools of normative research are used in literature, Specifically, study on legal concepts undertaken by reviewing library documents or internet sources. Furthermore, the results of the study were analyzed using a qualitative descriptive method. The results of the discussion of the existing problems, that the patient or his representative does not understand what is meant by medical malpractice and about what is meant by medical risk. All reported as a form of malpractice of other doctors/health workers, or in other words as if all faults belonged to the doctor and/or hospital. Under such conditions, legal protection is required for doctors who are suspected of having committed malpractice acts.