PERTANGGUNGJAWABAN DOKTER KEPADA PASIEN KORBAN KELALAIAN MEDIK DALAM PRESPEKTIF HUKUM PERDATA

ABSTRACT

The liability of doctors to patients who are victims of medical negligence in the perspective of civil law is an important study in order to protect the rights of patients and uphold standards of professionalism in the field of medicine. In civil law, the relationship between doctors and patients is often considered a contractual relationship in which doctors are responsible for providing medical services in accordance with applicable professional standards. If there is medical negligence or error that results in harm to the patient, the doctor can be held liable based on the principle of civil liability which includes fault (culpa), loss (damnum), and causality (causa). The determination of medical negligence by a doctor is based on whether the act or omission deviates from generally accepted medical standards, and whether the harm suffered by the patient can be accounted for as a result of the negligence. The concept of informed consent is also an important element in measuring a doctor's fault, where a lack of explanation to the patient regarding the medical action to be taken can be the basis of a civil claim. Although doctors often cannot guarantee the outcome of medical actions, they are required to do their best based on their knowledge and skills. Therefore, in the perspective of civil law, the liability of doctors to patients who are victims of medical negligence focuses on efforts to provide justice through compensation for material and immaterial losses suffered by patients due to medical negligence.