Authors : Mochammad Istiadjid Eddy Santoso, Prija Djatmika, Bambang Sugiri and Suhariningsih
Abstract: The objectives of this research were to analyze, explore and investigate the civil liability applied in medical malpractices for doctors in Indonesia. This study employed the normative legal research method. The analysis showed that criminal settlement was considered unfavorable for patients who became the“victims” of medical malpractice cases, moreover when the cases were categorized unintentional and which administratively fulfilled the complete requirements (having Medical License) and which patients had been informed about the medical consents). Even if the doctor was sentenced to prison, patients would not have received any benefit at all, except a sense of satisfaction or dissatisfaction after taking the revenge, even though the doctor error or malpractices were accidental or unintentional. Civil judicial which adjudicates the dispute between doctor and patient, the reverse the burden of proof system is applied in which doctors are required to prove his innocence. In conclusion, legal responsibility seen from the context of civil law in medical services appears in the form of liability based on breach of contract and liability based on tort. Based on the principles of reversed evidence, offenders are allowed to do actions that could prove his innocence. It is important that people change their mindset to choose undergoing the civil law procedure over criminal law procedure in dealing with medical malpractice cases. It is necessary to empower the Majelis Kehormatan Disiplin Kedokteran Indonesia (Honorary Council of Indonesian Medical Disciplinary): as an institution that holds the responsibility in resolving doctor’s liability towards medical malpractice.
Mochammad Istiadjid Eddy Santoso, Prija Djatmika, Bambang Sugiri and Suhariningsih , 2020. Civil Liability in Medical Practice in Indonesia. The Social Sciences, 15: 142-148.