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The relationship between physician and patients in medical treatment creates legal relationship between them. The agreement between physician and patients in therapeutic transaction is giving appropriate treatment toward the patient curement. This therapeutic treatment could be in the form of expanding medical treatment by practitioner toward its patients. The therapy done by physicians in increasing medical treatment is an effort to cure the patients. Yet, during the process, it may be erroneous treatment or mistakes which may impacts on legal violation. Consequently, it can be drawn that how is the physician responsibility toward the expanding medical treatment (surgery) which disadvantage patients related to regulation, and what are the legal prosecution that can be taken by patients if there are disadvantages on expanding medical treatment. This research uses nonnative jurisdiction method, where data collection techniques in the form of primary and secondary acts which may then be analyzed through qualitative -descriptive method. The physician responsibility toward expanding medical treatment (surgery) which causes disadvantageous toward patients, viewed from the existing jurisdiction are: Property Acts where physician makes erroneous/mi stake and results in disadvantage toward patients then it is considered that physician has conducted law violation (oncrehtmatigedaad) which contains in chapter 1365 KUHPerdata. In this case, the physician must pay the disadvantage on patient. Criminal Law where in the operation of medical expansion, physician make mistakes which may cause death, then it can be prosecuted with chapter 359 KUHP that is five years enprisontment and entrapment for about a year, and which causes injury/lesion toward patients, then physician is prosecuted with chapter 360 with caveats physician five years enprisontment related to a year entrapment. Indonesian medical code ethics. If only physician has made mistakes/maladjustment, then the physician could be punished with administrative sanction. In medical law toward medical expansion (surgery) it may happen mistaken/maladjustment which cause disadvantage on patients then the physician obliged to get disciplinary sanction sufficient to chapter 54 and should repay related to chapter 55 Act No 23 1992 on Medical. In Permenkes'No.585/Men.Kes/Per/IX/1989 stated that if any mistaken in medical treatment expansion (surgery) then the physician should be responsible to its fault, which may be given administrative sanction such as the quittance of its practice related to chapter 13 PerMenKes/No.585/Men.Kes/P/IX/1989. Only if there is maladjustment on its medical treatment expansion (surgery) then related to Acts UURI No. 29 2004 on Medical Practices then physician should be responsible toward his faults which can be sanctioned with disciplinary sanction. In case of repayment which should be payed by physician containing in chapter 1371 KUHPerdata, where repayment should not beyond physician capacity to pay and adjusted to physician condition. The law efforts which can be done by patients are courts/litigation, where on property, patients propose a prosecution on court. The criminal law procedurs are, patients arrange prosecutions by the assistance of advocates which can be submitted to police department, then proceed to court, where legal efforts in medical acts, medical code ethics and I'erMcnKes/No.585/Men.Kes/Per/IX/1989 that is making a report to Health Department then proceeded by experts (IDI, MKEK) and if it is approved by Indonesian Medical Disciplinary Honour Committee (MKDKI) then it directs to court of justice, where as related to Indonesian Acts No 29 2004 on Medical Practices, patients could proclaim to MKDT, and if it is evidenced then directly proceeds to court based on chapter 66 on Medical Practices Acts. In taking medical expansion (surgery) which arranged in chapter 7 PerMenKes/No.585/Men.Kes/Per/IX/1989 should be based on medical profession standards (SPM), in case of death/failure toward patients then physician cannot be blamed by legal acts, yet in taking medical expansion (surgery) physicians do not obey or violate or malad just medical profession standards then he/she obliges to take the responsibility. The researcher suggest to Indonesian Medical Disciplinary Honour Committee, Medical Ethics Honour Committee, Indonesian Physicians United and Health Department improve and implement the legal acts on medical expansion treatment (surgery) and monitor the work of physician to prevent maladjustment or disadvantage on patients.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: Anggit Aldila
Date Deposited: 23 Apr 2012 03:32
Last Modified: 23 Apr 2012 03:32

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