RISIKO MEDIS DALAM PERTANGGUNGJAWABAN HUKUM PERDATA DI RUMAH SAKIT MENURUT PERSPEKTIF HUKUM KESEHATAN

That das sollen in Law 17 Number 2023 concerning Health states that every action or advice from a doctor that may weaken psychological or physical endurance, must obtain the consent of the patient/family and is only given for the benefit and good of the patient. Apart from that, this is reinforced by Article 1320 of the Civil Code, informed consent is a special agreement between the doctor and the patient explaining the rights and obligations between the doctor or health worker and the patient in carrying out therapeutic transactions and is an agreement that prioritizes the role of the doctor to make maximum efforts in carrying out the action. medical.
However, it turns out that according to Indonesian Legislation, the approval of health service measures, especially verbally, is not explained in the Health Law. Apart from that, there are no implementing regulations regarding the Agreement. In the relationship between doctors and patients in the field of medicine, it is clear that this bond exists. For this reason, doctors must be aware of the legal basis that regulates this bond. It was explained that as a result of this agreement there would be an "agreement" because there were two parties who agreed and promised to undertake a medical risk. As a result of this agreement, an "engagement" occurs between the two parties above (doctor and patient).