Legal Protection of The Patient in The Event of Occurrence The Misdiagnosis Is Connected With Law Number 8 Of 1999 Consumer Protection And Law Number 29 Of 2004 Concerning The Practice Of Medicine (Case Study Of High Court Decision DKI Jakarta Number: 624/Pdt/2019/ PT. DKI)
DOI:
https://doi.org/10.38142/jpls.v1i2.47Keywords:
Law, Legal Science, LexAbstract
Purpose:
A patient is someone who needs health services or medical services in a hospital. In medical services, it does not rule out the possibility of an error or negligence. Mistakes or negligence made by health workers in carrying out their duties and profession can have fatal consequences, both on the body and soul of the patient, in this case, of course, it is very detrimental to the patient. Therefore, legal protection is needed for patients and accountability of health workers for losses suffered by patients.
Methodology:
The data collection techniques in the form of document studies. The data obtained is then processed and compiled systematically, then analyzed qualitatively.
Findings:
The author has the purpose of this study, first to know and examine the legal protection of patients in Law Number 8 of 1999 concerning Consumer Protection and Law Number 29 of 2004 concerning Medical Practice, and the second author examines the legal responsibility of doctors in the event of a misdiagnosis in case number 624 / PDT / 2019 / PT. DKI.
Implication:
Protection of patients in the event of misdiagnosis is regulated in several laws and regulations, namely in Article 1365 of the Civil Code, Law Number 8 of 1999 concerning Consumer Protection and Law Number 29 of 2004. The form of legal responsibility of doctors in the event of a misdiagnosis can be divided into ethical responsibility and legal responsibility. Legal responsibility can also be divided into administrative responsibility, criminal responsibility and civil responsibility.
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References
Legal protection for patients in the event of misdiagnosis according to the DKI Jakarta High Court Decision Number 624 / PDT / 2019 / PT. DKI is regulated in several laws and regulations, one of which is in the Civil Code. In the Civil Code, the form of protection provided by doctors is in the form of compensation to patients for losses arising from unlawful acts based on Article 1365 of the Civil Code. Furthermore, the form of legal protection for patients in the event of misdiagnosis is regulated in Article 19 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection and Article 66 paragraph (1) of Law Number 29 of 2004 concerning Medical Practice, in both laws the form of protection provided by doctors in the form of compensation due to errors or negligence in health services.
The legal responsibility of doctors to patients in the event of a misdiagnosis can be divided into ethical responsibility and legal responsibility. Legal responsibility can also be divided into administrative responsibility, criminal responsibility and civil responsibility. In the Decision of the DKI Jakarta High Court Number 624 / PDT / 2019 / PT. DKI, misdiagnosis made by doctors can be qualified and meet the elements of Unlawful Acts (onrechtsmatige daad) as stipulated in Article 1365 of the Civil Code, the elements of these unlawful acts are in the form of unlawful acts, the fault of the perpetrator, the existence of losses for the victim, the causal relationship between the act and the loss. In addition to doctors, Harum Sisma Medika Hospital is also responsible for the misdiagnosis made by the two doctors as health workers at the hospital, this is regulated in Article 1367 of the Civil Code, further regulated also in Article 46 of Law Number 44 of 2009 concerning Hospitals. Doctors and hospitals are business actors in the field of health services, this is stated in Article 1 of Law Number 8 of 1999 concerning Consumer Protection. In the Decision of the DKI Jakarta High Court Number 624 / PDT / 2019 / PT. DKI, Harum Sisma Medika Hospital is responsible for providing compensation for misdiagnosis made by doctors as health workers at the hospital, this is regulated in Article 19 paragraph (1) and paragraph (2) of the Law. Furthermore, Article 66 paragraph (1) of Law Number 29 of 2004 concerning Medical Practice regulates the responsibility of doctors as providers of health services to patients.
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