Authors : Muhammad Hatta, Cut Khairunnisa, Tengku Noor Azira Binti Tengku Zainudin, Ramalinggam Rajamanickam, Ahmad `Azam bin Mohd Shariff and Mohd Zamre Mohd Zahir
Abstract: Medical malpractice can take form in several different ways. For instance, a mistake in diagnosis, a wrong prescription, failure to provide medical care and surgical failure both intentionally and unintentionally are all forms of medical malpractice. It can happen and is in fact happening all over the world, affecting the medical fraternity and also patients. In Indonesia, there are two statutes that are supposed to govern all medical malpractice cases. They are Act No. 36 year 2009 and 2004. However, it is submitted that there is no legal definition of malpractice to be found in both acts. Therefore, the Criminal Code and Civil Code are resorted to in order to resolve cases of medical malpractice. It is the aim of this study to give an overview of what is meant by medical malpractice in Indonesia. The writers will also identify the relevant laws pertaining to medical malpractice in the country and in so doing determine whether the laws are adequate to solve medical malpractice cases.
Muhammad Hatta, Cut Khairunnisa, Tengku Noor Azira Binti Tengku Zainudin, Ramalinggam Rajamanickam, Ahmad `Azam bin Mohd Shariff and Mohd Zamre Mohd Zahir, 2017. Legal Position of Medical Malpractice in Indonesia. The Social Sciences, 12: 1473-1481.