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Prima Maharani Putri
Fakultas Kedokteran, Unviersitas Muhammadiyah Purwokerto

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Non-Litigation Paradigm in Medical Dispute Resolution: An Indonesian Perspective Prima Maharani Putri
Kosmik Hukum Vol 24, No 3 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i3.23683

Abstract

This article aims to analyze the non-litigation paradigm in resolving medical disputes between doctors and patients based on the applicable laws and regulations in Indonesia, along with its implications for improving the quality of health services. This research approach is with a normative juridical method with a statute approach and a conceptual approach. The results of the study revealed that the doctor's relationship that started from a paternalistic relationship has shifted to a partnership. This is evidenced by the regulation of therapeutic transactions and informed consent in every health service provided. Health services, which according to Law No. 17 of 2023 concerning Health are in the form of health efforts (inspanning verbintenis), allow the risk of doctor-patient medical disputes. This law is also the basis for resolving medical disputes between doctors and patients. The law in article 310 stipulates that the resolution of medical disputes first through alternative dispute resolution outside the court (non-litigation). The paradigm of resolving medical disputes through non-litigation can make the doctor-patient relationship more qualitative, because of the win-win solution principle used. A good doctor-patient relationship will also have a good impact on improving the quality of health services provided. Doctors and patients are in their best position as providers and recipients of health services because the good name of doctors and patients is maintained and medical disputes can be resolved with the principle of kinship, without having to waste a lot of money, time and energy.Keywords: Medical Disputes, Non-Litigation, Doctor-Patient
Asuransi Proteksi Medis (Professional Indemnity Insurance) sebagai Pengalihan Tanggung Gugat dalam Sengketa Medis Dokter-Pasien Prima Maharani Putri; Gregorius Yoga Panji Asmara
Kosmik Hukum Vol 22, No 3 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i3.15645

Abstract

The aims of this article is to analyze the suitability of professional indemnity insurance with applicable laws and regulations in Indonesia, especially in the field of health law and its implications for quality. health care in Indonesia. This research uses normative juridical approaches with statute approach and conceptual approach. Based on the results of the study, Law No. 40 of 2014 on Insurance is the attitude and anticipation of the government to encourage national development, especially in the development of the industry. insurance. The doctor-patient paternalistic relationship, which is now a partnership relationship, is characterized by therapeutic transactions and informed consent in every health service. This is based on the provisions of Law No. 29 of 2004 on Medical Practice and Regulation of the Ministry of Health No. 290 /MenKes/ Per / III /2008 on Approval of Medical Measures. Health services that are "inspanning verbintenis", risk the occurrence of disputes (medical) in the doctor-patient relationship. Medical protection insurance has been regulated in Chapter III of the Regulation of the Minister of Health no. 755 / MENKES / PER / IV / 2011 concerning the Implementation of medical committees in hospitals, number 12 point D which states that the Doctor has professional indemnity insurance, which guarantees the profession of persons or companies in legal responsibility to third parties in Medical disputes. The existence of Medical Protection Insurance can make doctors in carrying out their profession to provide health services, can feel comfortable, safe and calm because they are protected. of things that are not desirable, especially in the face of compensation claims from medical disputes that he faces. Keywords: medical protection insurance, medical disputes, doctor-patients