Legal Position of Medical Malpractice in Indonesia

Muhammad Hatta, Muhammad Hatta (2017) Legal Position of Medical Malpractice in Indonesia. The Social Sciences, 12 (8). pp. 1473-1481. ISSN 1818-5800

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Medical malpractice can take form m several different ways.For instance, a mistake diagnosis, a wrong prescription, failure to provide medical care and surgical failure both intentionally and unintentionally are all forms of medical malpractice. It can happen and is in fact happenmg all over the world, affecting the medical fratemity and also patients. In Indonesia, there are two statutes that are supposed to govem all medical malpractice cases. They are Act No. 36 year 2009 and 2004.However, it is submitted that there is no legal definition of malpractice to be found in both acts. Therefore, the Cruninal Code and Civil Code are resorted to in order to resolve cases of medical malpractice. It is the aim of this study to give an overview of what is meant by medical malpractice in Indonesia. The writers will also identify the relevant laws pertaimng to medical malpractice in the country and in so doing determine whether the laws are adequate to solve medical malpractice cases.

Item Type: Article
Subjects: K Law > KA Criminal Law
Divisions: Faculty of Law
Depositing User: Dr. Hatta Muhammad
Date Deposited: 29 Jun 2019 05:51
Last Modified: 29 Jun 2019 05:51

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