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Abstract
In carrying out their duties and authority in treating patients in the Intensive Care Unit (ICU), a nurse is required to obtain a mandate from a doctor, which is a legal relationship that arises as a result of delegation of authority. This certainly has a clear mechanism because it will have legal consequences if errors or omissions occur in the delegation of authority. In fact, there are still cases that have fatal consequences for patients and those who are asked to be held accountable are nurses whose capacity is only as recipients of mandates. The method in this research is empirical juridical and normative juridical, based on field data and statutory regulations and related documents. The results of this research show that doctors who are unable to carry out medical procedures due to certain factors may ask the nurse for help to carry out medical procedures, provided that the doctor is obliged to provide a clear delegation of authority to the nurse in writing to carry out the medical procedure. Delegation of authority to carry out medical procedures from doctors to nurses as intended in Article 27 letter a Minister of Health Regulation Number 26 of 2019 concerning Explanation of Law No. 38 of 2014 concerning Nursing can take the form of delegation of delegated authority or mandate. Delegation of authority to carry out medical procedures must be done in writing to professional nurses or trained vocational nurses. Emergency actions carried out by nurses aim to save the patients life and prevent further disability. The delegation of authority is mandatorily given by doctors to nurses to carry out medical procedures under the supervision of the medical personnel who delegate authority. The form of accountability can be in the form of civil law, criminal law and administrative law, so that all three can provide their own sanctions for violations that occur due to losses, negligence or administrative errors.
Published Version
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