Victims Of Malpractice Research Articles

Juridical Analysis Of Doctors' Responsibilities For Malpractic Action

This study aims to describe the criminal liability of doctors who commit malpractice acts and to analyze the legal protection for patients who are victims of malpractice in positive law studies in Indonesia. This study uses normative legal research using three types of legal materials related to the responsibility of doctors for malpractice actions, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research, types of normative juridical research, statutory and conceptual approaches. The results of the study stated that malpractice is included in the realm of criminal law other than civil and administrative. Doctors can be prosecuted criminally, although the criminal law does not clearly stipulate criminal penalties for malpractice. However, several conventional articles in the Criminal Code implicitly mention provisions regarding malpractice that can be used as a basis for criminal charges. In the Criminal Code, criminal liability for malpractice is contained in Article 90, Article 359, Article 360 ??paragraphs (1) and (2) and Article 361. Those subject to this article include doctors, midwives, medicine experts, who are experts in their work. each. If they ignore the regulations or requirements in their work, causing death (Article 359) or serious injury (Article 360), they will be punished more severely. Legal protection for victims of medical malpractice is regulated in Law no. 29 of 2009 concerning Medical Practice, granting rights to victims to submit complaints to the Chairman of the Indonesian Medical Discipline Honorary Council, as well as simultaneously taking criminal and civil law remedies to court.

Juridical Analysis Of Doctors' Responsibilities For Malpractic Action

This study aims to describe the criminal liability of doctors who commit malpractice acts and to analyze the legal protection for patients who are victims of malpractice in positive law studies in Indonesia. This study uses normative legal research using three types of legal materials related to the responsibility of doctors for malpractice actions, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research, types of normative juridical research, statutory and conceptual approaches. The results of the study stated that malpractice is included in the realm of criminal law other than civil and administrative. Doctors can be prosecuted criminally, although the criminal law does not clearly stipulate criminal penalties for malpractice. However, several conventional articles in the Criminal Code implicitly mention provisions regarding malpractice that can be used as a basis for criminal charges. In the Criminal Code, criminal liability for malpractice is contained in Article 90, Article 359, Article 360 ??paragraphs (1) and (2) and Article 361. Those subject to this article include doctors, midwives, medicine experts, who are experts in their work. each. If they ignore the regulations or requirements in their work, causing death (Article 359) or serious injury (Article 360), they will be punished more severely. Legal protection for victims of medical malpractice is regulated in Law no. 29 of 2009 concerning Medical Practice, granting rights to victims to submit complaints to the Chairman of the Indonesian Medical Discipline Honorary Council, as well as simultaneously taking criminal and civil law remedies to court.

ANALYSIS OF INFORMED CONSENT AS THE LEGAL PROTECTION OF PHYSICIAN RELATIONSHIPS AND PATIENTS IN MALPRACTICE CASES

The implementation of medical behavior involves two parties, namely doctors or other health workers as executors of medical behavior and patients as recipients of medical behavior bound in Informed Consent. However, the occurrence of malpractice cases causes the role of Informed Consent to be doubted both from the patient and doctor's side because the validity of Informed Consent becomes biased if there is no legal basis and knowledge of the agreement. The research aims to analyze the role of Informed Consent as legal protection for the relationship between doctors and patients in cases of malpractice and to analyze the legal remedies given to doctors and patients in malpractice cases in Supreme Court Decision Number 21/Pdt.G/2018/PN Mnk. This type of research is normative research using a statutory-based approach. The process of collecting data through a literature study with an analysis of legal materials through a qualitative descriptive analysis. The results of the study prove that the role of informed consent as legal protection is not entirely a determinant of a case being declared as malpractice. From the decision Number 21/Pdt.G/2018/PN Mnk it was concluded that the existence of Informed Consent could not be used as legal protection because the doctor was proven to have made a mistake in setting the drug dosage. Related to the legal protection given to patients who are victims of malpractice is the Health Law no. 23 of 1992 which gives everyone the right to ask for compensation for mistakes and negligence committed by health workers.

DOCTOR'S LEGAL RESPONSIBILITY FOR UNLAWFUL ACTIONS AGAINST MEDICAL ACTION ERRORS

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

ANALISIS KEBIJAKAN PERLINDUNGAN HUKUM KORBAN MALPRAKTEK PROFESI MEDIS : A LITERATURE REVIEW

The problem of malpractice cases committed by health workers in Indonesia is still common. The incompetence of health workers is one of the causes of malpractice cases. Malpractice is a medical service that disappoints and harms the patient because the doctor is less successful or fails to seek health and healing for the patient. Medical malpractice perpetrators may be held liable under both civil and criminal law. This study uses a literature review to examine different methods. The purpose of this research is to find out the legal protection policies for victims of malpractice committed by the medical profession. The article search strategy uses an online database, namely Google Scholar and this study uses a systematic review methodology known as PRISMA. The results of this study show that there is legal protection for victims of criminal acts in the medical field under positive criminal law in Indonesia, which is currently carried out by imposing sanctions on perpetrators of criminal acts, namely Law No. 29 of 2004 Article 66 Paragraph 1. In addition to enforcing the malpractice crime law that has been regulated in the Criminal Code to provide stronger guarantees of legal certainty, the handling of medical malpractice and health workers is also regulated in Law No. 36 of 2009 concerning health and Law No. 36 of 2014 concerning health workers.

An Assessment of Major Factors Contributing towards Choosing Alternate Healers (Hakeem, Dispenser, Spiritual Healer) over Registered Medical Practitioner (RMP)

Background: Malpractice is characterized as "careless, unsuitable, or illegal activity while performing a professional task" by Oxford Learner's Dictionaries (1). Prevalence of alternate healers is a problem of nearly all less economically underdeveloped countries. Pakistan is also one of the victims of malpractice. Factors that contribute to malpractice are proximity, affordable fee, availability, family pressure, and the strong opinion of the community. The objective of the study was to analyze why people choose alternate healers and to evaluate the misconception and myths regarding registered medical practitioners. Methods: A Descriptive cross-sectional study was conducted on a sample size of 319 with participants from Gujranwala’s rural and urban areas in 2021. Both the male and female population of Gujranwala was included. Data was entered and analyzed in SPSS version 21. Results: The socio-economic and demographic variables considerably effect the choice of health care provider. More people in rural areas visit alternate healers as compared to urban areas. Lack of information and misconceptions about physicians were also the factors effecting health seeking behavior of people. Conclusion: There is a potential to improve the health-seeking behavior and utilization of health facilities by addressing the demand side (community) factors i.e., socio-economic factors, cultural beliefs, by shutting down all unlicensed practitioners and educating the community to avoid visiting them to reduce the probability of exposure to unsafe healthcare practices.

Perlindungan Hukum Bagi Pasien Selaku Konsumen terhadap Tindakan Malpraktik di Bidang Kesehatan

Malpractice cases are a crime that is very common in Indonesia. Malpractice is basically the actions of professionals who contravene SOPs, codes of ethics, and applicable laws, whether intentional or as a result of negligence resulting in loss or death to others. On the other hand, in the implementation of health services, medical personnel, namely doctors and nurses do not rule out the possibility of an error or negligence. Errors or negligence by doctors in carrying out their professional duties can be fatal both to the body and soul of the patient (in medical/legal terms this incident is called malpractice) and this is of course very detrimental to the patient as a victim of malpractice. As a victim of malpractice that is harmed , of course the patient will demand what is his right. Patients who are victims of malpractice will demand compensation or ask for accountability from the doctor concerned. These demands can be in the form of civil claims, namely compensation, criminal charges, namely imprisonment for perpetrators of malpractice

STUDY ON VICTIMOLOGY OF MEDICAL MALPRACTICE IN INDONESIA

Often, people easily judge a doctor to do malpractice to his/her patient, when in fact it is not. Conversely there are doctors who do not understand how the law works, so in terms of patient doctor relationship more to remember the noble profession ethic. The medical profesional ethic is very good, but in the certain condition doctors can actually be harmed for maintaining their professional ethics when they must be opposite of positif law. This information illustrates the opinions of the author, its not the formal opinion of any government, aimed only for educational materials, that is knowing the various victims of malpractice medic and proof that occurred in Indonesia. Doctors can be considered guilty when dealing with patients whose their treatment does not cure the patient. The result of a patient in a medical treatment depends on many factors that support and otherwise may occur a medical risk that harms the patient even though the treatment process has been in accordance with Standard Operating Procedures. Doctors can also make mistakes either intentionally or because of negligence that can harm the patient or even a sense of community justice. Victims of medical malpractice can vary, from clear or unclear, making it difficult to prove that they are victims of medical malpractice. In addition, the grade of a persons role so that he himself becomes a victim of medical malpractice also vary. With the high complexity of medical science, ordinary people are often still difficult to understand and often make mistakes in implementing the treatment process so that self-harm. In the litigation process, several ways of proving can be used either in proving a doctor has malpractice or otherwise that someone is a victim of medical malpractice.The handling of malpractice cases still often uses general laws and regulations (lex generalis). Medical Malpractice Victimogy Gosita, Arif, 1985, Masalah Korban Kejahatan, PT Akademia Presindo, Jakarta. 1985. Mansyur, Dikdik M. Arief dan Gultom, Elisatris,2007, Urgensi Perlindungan Korban Kejahatan Antara Norma dan Realita, PT Raja Grafindo Persada, Jakarta. 2007. Adami Chazawi, Malapraktik Kedokteran, Sinar Gravika Offset, Jakarta, 2016. Lisa V. Brock, J.D., M.A., Anna Mastroianni, J.D., M.P.H., Ethics in Medicine??University of Washington School of Medicine, January 22, 2013. Setyo Trisnadi. The Legal Protection of Indonesian Physicians: The Medical Dispute Settlement Based on Princciples, Standards, Normsand Rules of Physicianprofession in Doctor-Patient Relationship. International Journal of Humanities, Social Sciences and Education (IJHSSE) Volume 3, Issue 1, Januari 2016. Soerjono Soekanto, 1982 Sonny Bal, MD, MBA .Journal List, Clin Orthop Relat Res, v.467(2); 2009 Feb, PMC2628513 Published online 2008 Nov 26. Soedjono Dirdjosisworo. Pengantar penelitian Kriminologi. Bandung: Remadja Karya. 1984. [Sutarno (2019); STUDY ON VICTIMOLOGY OF MEDICAL MALPRACTICE IN INDONESIA Int. J. of Adv. Res. 7 (Oct). 1153-1159] (ISSN 2320-5407). www.journalijar.com Dewi Setyowat Lecturer in science of law at Law Faculty of Hang Tuah University, Surabaya, East Java, Indonesia.

Medical Liability Erased: How the Protecting Access to Care Act of 2017 Limits Patients’ Access to Proper Care

This paper outlines the severe impact that the Protecting Access to Care Act would have on victims of malpractice who have suffered grave injuries, and also explains how the bill would nearly eliminate patients’ ability to recover damages when doctors or hospitals provide negligent care. Part II of this paper will examine some of the limits that this bill would impose and the impact it would have on injured patients’ ability to recover damages. Part III will describe those entities that are truly driving this bill and what their motives for doing so are. Part IV will clarify some of the misconceptions about tort reform and caps on damages and why the enactment of this bill would ultimately do more harm than good. Finally, Part V will examine the benefits of medical malpractice litigation and why it is imperative to ensure that patients have the ability to find redress in a court of law.

Health Care Reform and Economic Recovery

Health Care Reform and Economic Recovery

Expert testimony: A perspective from the trenches

The controversy over the role of the "expert" in medical litigation is in some ways the product of semantic confusion. Many physicians mistake the legal definition of an expert with that of ordinary usage, further fueling the resentment of doctors who testify against other doctors. Legally, however, an expert is simply one qualified to offer an opinion. In ruling on the admissibility of expert testimony, a court determines whether the proffered expert has the minimal qualifications necessary to have an opinion. An expert, then, does not have to have the right opinion; rather, he or she has the right to have an opinion. The bar is thus set quite low. In medical malpractice litigation, the threshold of admissibility is usually met by board certification in the same specialty as the defendant. Although expert testimony, as defined above, is necessary in most medical malpractice cases, that need is obviated when negligence is so obvious that the law presumes that a lay jury can discover it. Abuses of expert testimony are real. They are, however, in some part the consequence of some of the best doctors' refusal to assist the victims of malpractice, creating a vacuum that the less scrupulous fill.