Aditya, Evan Khita
(2019)
Aspek hukum perlindungan konsumen terhadap pasien korban malpraktik kedokteran (studi kasus putusan nomor 417/pdt.G/2012/pn.Mdn).
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
In doing their profession, doctors must be able to work according to the applicable standard operating procedures (SOP) and must pay attention to existing professional ethics. In this case, this thing become important because the doctor's actions are closely related to the people's health condition, namely the patient. Patients as consumers of health services have rights of consumers attached to them. Therefore, Law Number 8 Year 1999 concerning Consumer Protection can be applied to the patient. The type of this research is juridical empirical or legal sociology (qualitative) with collecting interview data methods and deductive analysis techniques. The results of this research are the patients have a right to sue the responsibility of doctors who are proven by doing medical malpractice actions that cause a losses to the patients, which is by administration, civil, or criminal. In the Decision of the Medan District Court Number 417/Pdt.G/2012/PN.Mdn, dr. Hotma Partogi Pasaribu was proven negligent in carrying out surgery which missed one stage of the operation and caused the patient to suffer a disability for life. Therefore he was obliged to pay compensation in a joint manner as determined by the Medan District Court. Based on this research, the authors suggest to make a more specific law about the limits of malpractice and strengthening the role of self-regulation in determining medical malpractice cases so that law enforcers can act more decisively in making decisions.
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