Greenation International Journal of Law and Social Sciences
Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September

Private Hospitals' Liability for Anesthetic Negligence with Implications for Vicarious Liability and Legal Immunity of the Medical Profession

Selvy Devita Anggeraini (Universitas Borobudur, Jakarta, Indonesia)
Zudan Arief Fakrulloh (Universitas Borobudur, Jakarta, Indonesia)



Article Info

Publish Date
21 Nov 2025

Abstract

The principle of vicarious liability holds employers or healthcare institutions accountable for the negligence of medical personnel under their supervision. In the context of private hospitals, this becomes crucial when an anesthesiologist's negligence has the potential to cause serious harm to patients. This study examines the liability of private hospitals for anesthesia negligence, as well as the implications of vicarious liability and the legal immunity of the medical profession, using a normative and conceptual juridical approach. This study examines Law Number 17 of 2023 concerning Health, Articles 1365 and 1367 of the Civil Code, and Articles 359 and 360 of the Criminal Code. The study indicates that private hospitals can be held civilly liable if it is proven that they have an employment relationship or supervision with an anesthesiologist, even if the medical procedure is performed individually. Legal protection for the medical profession applies only as long as the physician acts in accordance with professional standards and medical procedures, thus not providing absolute protection against gross negligence. This study recommends strengthening employment contracts, standard operating procedures for anesthesia, and internal hospital oversight systems to minimize the risk of legal disputes and improve patient protection.

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Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...