SOEPRA Jurnal Hukum Kesehatan
Vol 10, No 2: Desember 2024

The Application of Doctrine of Vicarious Liability to The Hospital in A Event of Medical Personnel Negligence

Rahardianto, Donny (Unknown)
Adriano, Adriano (Unknown)



Article Info

Publish Date
31 Jan 2025

Abstract

The purpose of study were the application of the doctrine of vicarious liability to hospitals in the event of medical personnel negligence. This study used the statute approach and conceptual approach methods. The results of study can be concluded as follows: (1) The basis for the hospital's responsibility for medical personnel negligence can be seen from the aspect of the condition of the therapeutic relationship between the patient and the hospital. If the pattern of therapeutic relationship between the patient and the hospital, then the position of the hospital as the party that provides the achievement, while the doctor only functions as an employee or task executor. With this therapeutic relationship pattern, if there is a patient loss due to medical personnel negligence, then in this case the hospital is responsible. 2) Law Number 44 of 2009 concerning Hospitals was created to provide more certainty in the provision of health services, as well as providing protection for the community and protection for resources in the hospital. The Hospital Law has determined that the hospital will be legally responsible if there is medical personnel negligence that causes losses to the community or patients

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Journal Info

Abbrev

shk

Publisher

Subject

Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Journal focuses on the development of health law in Indonesia: national, comparative and international. The exchange of views between health lawyers in Indonesia is encouraged. The Journal publishes information on the activities of European and other international organizations in the field of ...