Analisis Yuridis Tentang Tanggung Jawab Rumah Sakit dan Dokter terhadap Perbuatan Melawan Hukum yang Mengakibatkan Lumpuh dan Butanya Pasien (Studi Putusan Mahkamah Agung NO. 57PK/PDT/2021)

Abstract

Health is an essential thing in the lives of all human beings, every community has the same right to obtain quality, affordable and safe health services which are guaranteed in the 1945 Constitution of the Republic of Indonesia. However, sometimes in the provision of health services malpractice or unlawful acts/tort that causes harm to patients. Therefore, the problem in this thesis is what is meant by tort in health law, what is the legal relationship between hospitals, doctors and patients, and what are the responsibilities of hospitals and doctors for tort that result in paralysis and blindness of patients. This research method is a normative legal research method with a descriptive nature and uses secondary data which includes primary legal materials and secondary legal materials to support the data in this research. The data collection technique in this research uses one technique, namely literature (normative) study with data analysis using qualitative methods. The research results show that unlawful acts/tort in health law are actions carried out by health workers or related parties in health services that violate legal norms and result in harm to patients, these actions are often referred as medical malpractice. In terms of the legal relationship between a hospital, doctor and patient, it is a relationship constructed by a therapeutic engagement or agreement and regarding the responsibility of the Hospital and Doctor for acts against the law, it is regulated in Articles 1365, 1366 and 1367 of the Civil Code, where The doctor commits an unlawful act because his actions are contrary to the principles of decency, accuracy and caution that are expected of him in carrying out his duties as a doctor. The hospital is also responsible for all losses caused by negligence committed by health workers at the hospital as regulated. in Article 193 of Law no. 17 of 2023 concerning Health.