Abstract
Cases of alleged malpractice committed by doctors or health workers have become an interesting issue that has been widely discussed by the public. Malpractice is basically due to the emergence of differences in perception between patients and doctors or health workers. The research method used in this study is library research, library research limits its activities to library collections. While the approach used in this study is normative juridical, the results of the study mentioned that the standards that must be met by doctors to obtain legal protection are professional standards, operational procedures standards, and medical service standards. These three standards, doctors are also obliged to make informed consent as part of health service standards, and carry out the obligations as contained in Article 51 of Law No. 29 of 2004 concerning Medical Practice. In addition, doctors can be free from allegations of medical malpractice when providing health services in accordance with professional standards and operational procedures, providing medical services based on informed consent and the principle of non-vit inura volenti law or the assumption of risk, respectable minority rules and error of in judgment, as well as contribution negligence.
Highlights
While the approach used in this study is normative juridical, the results of the study mentioned that the standards that must be met by doctors to obtain legal protection are professional standards, operational procedures standards, and medical service standards
Doctors can be free from allegations of medical malpractice when providing health services in accordance with professional standards and operational procedures, providing medical services based on informed consent and the principle of non-vit inura volenti law or the assumption of risk, respectable minority rules and error of in judgment, as well as contribution negligence
It is undeniable that Article 66 paragraph (1) of Law no. 29 of 2004 concerning Medical Practices which states that everyone who knows his interests are harmed by the actions of a doctor or dentist in carrying out medical practice can complain in writing to the Chairperson of the Indonesian Medical Disciplinary Honorary Council, providing legal protection to patients in order to obtain health services in accordance with standards so that their interests are not harmed by doctors or health workers
Summary
These three standards, doctors are obliged to make informed consent as part of health service standards, and carry out the obligations as contained in Article 51 of Law No 29 of 2004 concerning Medical Practice. 29 of 2004 concerning Medical Practices which states that everyone who knows his interests are harmed by the actions of a doctor or dentist in carrying out medical practice can complain in writing to the Chairperson of the Indonesian Medical Disciplinary Honorary Council, providing legal protection to patients in order to obtain health services in accordance with standards so that their interests are not harmed by doctors or health workers.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
