ANALISIS YURIDIS GANTI KERUGIAN KEPADA DOKTER DAN RUMAH SAKIT AKIBAT KELALAIAN DOKTER ( STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 2921K/Pdt/2018 )

ANALISIS YURIDIS GANTI KERUGIAN KEPADA DOKTER DAN RUMAH SAKIT AKIBAT KELALAIAN DOKTER ( STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 2921K/Pdt/2018 ), Legal Liability, Medical Malpractice, Dispute Resolution....

Author: Rais Husni Mubarak
Date: 2025
Keywords: Legal Liability, Medical Malpractice, Dispute Resolution.
Type: Jurnal
Category: penelitian

This study evaluates the Supreme Court's decision Number 2921K/Pdt/2018 relating to medical malpractice cases and the legal responsibilities faced by doctors and hospitals in Indonesia. Using doctrinal analysis methods, this study focuses on regulations, jurisprudence, and the concept of vicarious liability in the context of unlawful acts. The focus of the analysis lies on the interpretation of the roles and responsibilities of doctors who fail to provide the expected standard of care and the hospital's responsibilities in internal supervision and management of health resources. The results of this study indicate a gap between the expected standard of care and the reality of practice in the field, often resulting in significant harm to patients. The recommendations provided emphasize the need to improve oversight mechanisms and implement policies that ensure strict supervision of medical practices in hospitals. This study hopes to encourage the use of alternative dispute resolution outside the courts for similar cases in the future, as mandated by Law Number 17 of 2023 concerning Health, which supports a more conciliatory and preventive approach in managing medical errors.

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