PENAFSIRAN HUKUM DALAM MENENTUKAN UNSUR-UNSUR KELALAIAN MALPRAKTEK MEDIK (MEDICAL MALPRACTICE
Journal Title: YUSTISIA JURNAL HUKUM - Year 2015, Vol 4, Issue 2
Abstract
Struggle interpretation of the law to determine the elements of errors/omissions in Medical Malpractice often encountered in the process of resolving a medical action performed by a doctor with allegations of errors/omissions/negligence and irregularities health care procedures/professional errors/omissions professionals. Legal battle to determine the elements of negligence in Medical Malpractice is situated on the difference between the interpretation and application of ordinary criminal offenses set out in the Criminal Code and the crime of medical. Where ordinary crime that primarily focuses on the factor of "consequences" of a criminal act, whereas in criminal acts medical visits is not the result but the factor of "the cause", so although fatal but if there is no element of negligence or fault, then the doctor can not be held. From the point of criminal law (Criminal Code) an assessment of its legal action against the medical culpa lata should start from the death/injury, and then assess the medical in observing behavior was to blame or not to blame. This indicates the presence of a paradigm shift is from "due to" the act of giving medication into an act eliminating symptoms after performing the act, but an attitude of "inner culpoos" is formed from the consequences of doing an act, and not after the act was committed.
Authors and Affiliations
Widodo Tresno Novianto
Keywords
Related Articles
- EP ID EP423424
- DOI 10.20961/yustisia.v4i2.8670
- Views 143
- Downloads 0
STRENGTHENING THE POSITION OF INDIGENOUS PEOPLE IN THE MANAGEMENT OF THE FOREST BY SUBSQUENT OF THE CONSTITUTIONAL COURT DECISION OF REPUBLIK INDONESIA NO.35/PUU-X/2012 TO SUPPORT OF REDD+ INDONESIA
The problems of disputes over land ownership of forest between the government (in this case is the state) and the community, has been occured tens of years ago, but the increase was higher along with just an era of refor...
PERGESERAN ASAS LEGALITAS FORMAL KE FORMAL DAN MATERIAL DALAM PEMBAHARUAN HUKUM PIDANA NASIONAL
Legality principle is a fundamental basis in the criminal law. The principle of legality which is in accordance with Penal Code Article 1 (1), the law stateskhat there are not any actions that are made into a punisment w...
PENYAMAAN PERSEPSI DAN KERJASAMA DALAM PEMERIKSAAN DI BIDANG PERPAJAKAN UNTUK MENDUKUNG OPTIMALISASI PENERIMAAN NEGARA
Law enforcement practices in the field of taxation has not yet had a positive correlation between the examination of taxation and the increasing of state revenues from the taxpayer. The double standards applied by the Ta...
PERAN DAN KEDUDUKAN PETANI DALAM SISTEM PERDAGANGAN INTERNASIONAL
This study aims to determine the role and position of farmer in the international trading system today. The development of the international trading system has an impact on the shift of food production system and food se...
ANALYSIS OF NOTARY HONORARY COUNCIL CONSENT AS GROUNDS OF IMPUNITY (STRAFUITSLAUTINGSGRONDEN) AGAINST REVELATION OF SECRETS
Article 66 paragraph (1) Law Number 2 of 2014 essentially regulates the consent of the Notary Honorary Council in the criminal justice process. The provisions in the a quo article have been still being applied and become...