PENAFSIRAN HUKUM DALAM MENENTUKAN UNSUR-UNSUR KELALAIAN MALPRAKTEK MEDIK (MEDICAL MALPRACTICE
Journal Title: YUSTISIA JURNAL HUKUM - Year 2015, Vol 4, Issue 2
Abstract
Struggle interpretation of the law to determine the elements of errors/omissions in Medical Malpractice often encountered in the process of resolving a medical action performed by a doctor with allegations of errors/omissions/negligence and irregularities health care procedures/professional errors/omissions professionals. Legal battle to determine the elements of negligence in Medical Malpractice is situated on the difference between the interpretation and application of ordinary criminal offenses set out in the Criminal Code and the crime of medical. Where ordinary crime that primarily focuses on the factor of "consequences" of a criminal act, whereas in criminal acts medical visits is not the result but the factor of "the cause", so although fatal but if there is no element of negligence or fault, then the doctor can not be held. From the point of criminal law (Criminal Code) an assessment of its legal action against the medical culpa lata should start from the death/injury, and then assess the medical in observing behavior was to blame or not to blame. This indicates the presence of a paradigm shift is from "due to" the act of giving medication into an act eliminating symptoms after performing the act, but an attitude of "inner culpoos" is formed from the consequences of doing an act, and not after the act was committed.
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Widodo Tresno Novianto
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- EP ID EP423424
- DOI 10.20961/yustisia.v4i2.8670
- Views 113
- Downloads 0
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