Legal Responsibility of Fetal Diagnosis by Objective Specialists in Hospital
Journal Title: International Journal of Social Science And Human Research - Year 2022, Vol 5, Issue 07
Abstract
Negligence of health service providers is regulated in Article 58 of Law Number 36 of 2009 concerning Health concerning the right of everyone to claim compensation for a person, health worker, and/or health provider who causes losses due to errors or omissions in the services they receive. Both parties have their own responsibilities. Doctors will consider the medical actions taken, while the hospital is responsible for the health services it provides. The purpose of this study was to analyze the legal liability of specialist doctors related to fetal misdiagnosis. The legal material used in this research is statutory regulations. Secondary legal materials are legal materials obtained from textbooks, journals, legal cases and symposia conducted by legal experts. Tertiary legal materials are legal materials that provide meaningful instructions or explanations for primary and secondary materials such as legal dictionaries, encyclopedias, the Big Indonesian Dictionary and others. Based on the analysis and discussion in determining the criminal legal responsibility of content specialists related to misdiagnosis of the fetus, then based on Article 361 of the Criminal Code (KUHP), it must be explained that the doctor will be responsible for determining the examination actions that occur if an error occurs. The diagnosis made by a doctor must be proven by a doctor who is competent in that field. There is no possibility that the Doctor can argue that he has made the appropriate diagnosis.
Authors and Affiliations
I Wayan Rusdiarna Eka Putra, Asmuni
Keywords
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- EP ID EP707203
- DOI 10.47191/ijsshr/v5-i7-63
- Views 50
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