Abstract
Massive publicity on alleged medical malpractice cases has created hostile environment within the health care setting in Indonesia. The unexpected practice of defensive medicine would be possible in response to the rise of medical malpractice litigation. Although it has many negative implications, litigating medical malpractice dispute is preferable for many injured patients. Dispute resolution mechanisms should be introduced and promoted in Indonesia as an alternative to the litigation process with hope of providing redress to victims of medical malpractice in a more amicable manner. This paper aims at exploring the use of amicable settlement method for resolving medical malpractice disputes in Indonesia.
Highlights
As one of the oldest professions, the contribution of the medical profession in improving the quality of human life is undeniable
This rule provides the basis for liability grounded on acts of negligence which is suitable for medical malpractice cases
After the enactment of the Medical Practice Act 2004 (Undang-undang Nomor 29 Tahun 2004 tentang Praktik Kedokteran), anyone involved in a medical malpractice case should consider the possibility of utilizing the medical disciplinary tribunal known as Majlis Kehormatan Disiplin Kedokteran Indonesia (MKDKI)
Summary
As one of the oldest professions, the contribution of the medical profession in improving the quality of human life is undeniable. Medicine is not an exact science, and things may and often go wrong in medical treatment, a fact that always has been true, patients increasingly have become more willing to sue when they suffer adverse events in medical treatment This more recent willingness can be attributed to the reality that the public has been better educated, through both the traditional and social media, about issues surrounding medical errors and informing the public that they may be potential victims of medical injuries. The term professional misconduct in this context refers to the failure of the doctor to comply with the appropriate standard of practice (standard of care) This failure is legally constructed as negligence and medical malpractice is known as medical negligence. That medical malpractice cases can give rise to both civil and criminal liability
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