TINJAUAN YURIDIS TERHADAP PERTANGGUNGJAWABAN PIDANA MALPRAKTEK DOKTER
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Institusion
Universitas Atma Jaya Yogyakarta
Author
JATI, HENGGAR
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2016-08-01 10:36:16
Abstract :
With the knowledge that they had, a doctor is claimed as an expert in helath. On their service to the society, there's a possibility that they did something wrong, a mistake that contravene the ethical code of their profession and also mistakes that contravene criminal law. If people disappointed with doctor services, they can proffer a law instance to the doctor with a malpractice impeachment. While responsibility from a doctor will be in place if they evidently guilty. This study is do to find out what element that have to be evidenced, or to be proofed, so a doctoral malpractice can be besought a responsibility, and to explain problems that will be faced when processes the malpractice case to the trial. In this law research, author uses normative law research methods, research that focused on norm (law in the book) and this research needs secondary data as main data. Element that have to be proofed in order to charge a responsibility from doctor related to their malpractice is : forgetfulness, not enough profession standard used, no informed consent, medical record, availability of medical risk, justifier reason. A doctor must be considerable to perform a medical check and medical execution with doctoral standard of profession, so as shunt from a malpractice action.
With the knowledge that they had, a doctor is claimed as an expert in helath. On their service to the society, there's a possibility that they did something wrong, a mistake that contravene the ethical code of their profession and also mistakes that contravene criminal law. If people disappointed with doctor services, they can proffer a law instance to the doctor with a malpractice impeachment. While responsibility from a doctor will be in place if they evidently guilty. This study is do to find out what element that have to be evidenced, or to be proofed, so a doctoral malpractice can be besought a responsibility, and to explain problems that will be faced when processes the malpractice case to the trial. In this law research, author uses normative law research methods, research that focused on norm (law in the book) and this research needs secondary data as main data. Element that have to be proofed in order to charge a responsibility from doctor related to their malpractice is : forgetfulness, not enough profession standard used, no informed consent, medical record, availability of medical risk, justifier reason. A doctor must be considerable to perform a medical check and medical execution with doctoral standard of profession, so as shunt from a malpractice action.
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