DOCTOR'S LEGAL RESPONSIBILITY FOR UNLAWFUL ACTIONS AGAINST MEDICAL ACTION ERRORS
نویسندگان
چکیده
This study analyzed the responsibility of a doctor who commits an unlawful act when giving medical error to his patient. examined how doctor's action qualifies as in and legal from civil, criminal, administrative perspective. Metode research is doctrinal research, with statute approach analytical approach. The results showed that occurs performs contrary law, or science, does not get patient's consent. Medical errors are seen perspective civil law two theories, namely breach contract (default) negligence, well criminal committing error. Generally, can be defined by intent (dolus/opzet) negligence/omissions (culpa) also considered elements meeting professional standards, service standard operating procedures. Then law; Judging violations committed doctors, this violation regarding authority practice medicine services. Based on Law 36 2009 concerning health, form granting rights victims malpractice hold doctors responsible for malpractice, order compensate loss caused compensation claims may filed combined prosecutions pursued. Additionally, Indonesian Discipline Honorary Council (MKDKI) issue decisions imposing disciplinary sanctions proven guilty, allowing council make proceedings before court.
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ژورنال
عنوان ژورنال: Russian Law Journal
سال: 2023
ISSN: ['2309-8678', '2312-3605']
DOI: https://doi.org/10.52783/rlj.v11i1.352