Pertanggungjawaban Perdata Rumah Sakit terhadap Dugaan Malapraktik yang Dilakukan oleh Perawat (Studi pada Rumah Sakit Mitra Medika Medan Amplas)

Abstract

In the rapidly advancing medical world, hospitals play a crucial role in supporting public health. However, in practice, errors or negligence by healthcare professionals can lead to potentially fatal consequences for patients. In this regard, hospitals cannot evade responsibility for losses arising from such negligence, as stipulated in Article 193 of Law No. 17 of 2023 concerning Health. The purpose of this thesis is to explore the legal relationship between nurses, hospitals, and patients under Civil Law (KUHPerdata) and Law No. 17 of 2023 concerning Health, legal remedies available to parties in case of disputes, and the civil liability of RS Mitra Medika Medan Amplas for alleged malpractice by its nurses, viewed through the lenses of Civil Law and Health Law. The methodology employed in this thesis is normative juridical research, utilizing both library research and field research, including direct interviews with hospital personnel. Based on the research findings, the legal relationship between hospitals, healthcare providers, and patients is grounded in the trust established through agreements as outlined in Article 1338 of Civil Law. Under Law No. 17 of 2023, the legal relationship between hospitals and patients is governed by the principles of medical care contracts. Meanwhile, the relationship between nurses and patients is regulated by nursing ethics, emphasizing respect for patient dignity and the nurse's obligation to maintain patient confidentiality. Legal recourse available to parties for dispute resolution includes litigation and non-litigation methods, with mediation being a prominent approach in this case. The legal accountability of RS Mitra Medika Medan Amplas for negligence by its nurses involves covering the patient's treatment costs until full recovery and reimbursing expenses incurred by the patient's family.