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All Journal Sosiohumaniora Jurnal Selat Jurnal Bina Mulia Hukum Kemudi International Journal of Health, Economics, and Social Sciences (IJHESS) Jurnal Kolaboratif Sains Sisi Lain Realita Bhakti Nagori (Jurnal Pengabdian kepada Masyarakat) Jurnal Ilmu Hukum ISCO Kanun: Jurnal Ilmu Hukum
Yudi Krismen
Fakultas Hukum Universitas Islam Riau
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Journal : Sosiohumaniora

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CRIMINAL LIABILITY FOR MALPRACTICE OF DOCTORS AT PEKAN BARU HOSPITAL, RIAU PROVINCE Yudi Krismen; Satrio Abdillah
Sosiohumaniora Vol 25, No 3 (2023): Sosiohumaniora: Jurnal Ilmu-Ilmu Sosial dan Humaniora, NOVEMBER 2023
Publisher : Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/sosiohumaniora.v25i3.47151

Abstract

The primary purposes of this research are to investigate the multifaceted role of health workers in the delivery of health services and to explore the legal aspects surrounding medical malpractice within the healthcare system. Specifically, this study aims to examine the evolving perception of health workers in society, moving beyond their traditional role as “healers” to encompass their broader responsibilities. Additionally, it seeks to understand the legal implications of medical errors and malpractice within the healthcare system, with a focus on negligence as a central factor. The issue of malpractice, because of the legal awareness of patients who feel aggrieved, results in the prosecution of doctors who commit medical errors (malpractice) which end up in criminal prosecution of patients who feel aggrieved, it is realized by all parties that doctors are only human beings who can one day be negligent and make mistakes, so that violations of the code of ethics can occur even to the point of violating applicable health regulations.This study employes a normative legal research approach to comprehensively examine the multifaceted role of health workers and the intricate legal dimensions surrounding medical malpractice within the healthcare sector. The result of the study found hospital criminal liability for malpractice committed by the hospital or by its health workers can be based on the doctrines of vicarious liability, hospital liability, and strict liability. Doctor’s medical malpractice in medical services can be intentional or negligent. What can be accounted for in medical malpractice is only a doctor’s negligence in carrying out medical procedures.
Co-Authors Ag Maulana Aly, Sen Arief Fahmi Lubis Falah, Muhammad Hamzah, Zulfadli Herniwati Johari Karolus Charlaes Bego Muchamad Taufiq Muhammad Arif Nurman Nurman Puti Mayang Seruni Raden Imam Al Hafis Raden Imam Al Hafis Riadi Asra Rahmad Satrio Abdillah Sen Aly Umar, Zulkarnaini Yeni, Fatma Dwi Zulkarnain S