Abstract

This paper aims to provide health law education to the public, in determine a medical action that is detrimental to the patient's category as malpractice. This research using study of literatures by gathering information or theories relevant to the topic of the problem and related to the material being studied using the normative and empirical health and law studies. A number of literatures about malpractice and its theory have been reviewed and it turns out the results of the study indicate that there are no criteria or limits specifically agreed upon as a standard for establishing a medical action that is called malpractice or not. This paper aims to provide health law education to the public, in determine a medical action that is detrimental to the patient's category as malpractice. The results of the study above show that form the legal basis have not been able to explain the process of occurrence that is called medical malpractice. Malpractice theories also only explain the source of the malpractice. Proof of malpractice must been stated by experts, but on the other hand, the verification still faces challenges from the existence of a defense theory for medical personnel who face the demands of malpractice.

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