scholarly journals Pertanggungjawaban Rumah Sakit terhadap Dokter yang Melakukan Malpraktik

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 380
Author(s):  
Reza Havrian

Hospital is a health care institution that organizes individual health services in a plenary that provides inpatient, outpatient, and emergency services. In Indonesia, the practice of hospitals is governed by the law No. 44 year 2009 about hospitals. The law, in addition to being a basic guideline for legal and administrative, is also made to provide legal certainty in the maintenance of health services, as well as provide protection for the Community and protection of resources People in hospitals. Currently, hospitals can be held accountable because the condition of the hospital is no longer an institution that only focuses on the principle to help people only. The hospital slowly changed its function into a profit-oriented corporation. This is because the growing of science and technology are valued so much that doctors and hospitals also need additional costs for survival. The provisions of the hospital are responsible for the loss of a person as a result of the action of health workers, this is a request for the hospital to be responsible for te actions taken by the officers of his subordinates either as the status Fixed or not fixed. Doctors as a party to the agreement by the hospital do have the achievement to seek the healing of the patient through the search for the most appropriate therapy and not on promising healing from the patient. Therefore, doctors have a responsibility for the actions that do not only take the best effort according to the knowledge and experience he possesses. The hospital's accountability to doctors who do malpractice is not absolute and has many gaps. Unlike the damages to civil law, criminal liability can still be made by using the doctrine of corporate accountability.

2021 ◽  
Vol 1 (1) ◽  
pp. 109-114
Author(s):  
Dwiki Hastomo Putra ◽  
Fauzan Firdaus ◽  
Muhammad Dzikri Mustofa ◽  
Muhammad Uweis Al-Qorny Virdinant

Hospital is a health service institution that provides complete individual health services that provide inpatient, outpatient, and emergency services. Indeed, a health service provider can provide maximum service by the expectations and desires of patients. This research is in the form of qualitative and uses a Cross-Sectional study to see the relationship between the quality of services provided to patient satisfaction at Islamic Hospital X in 2021. The data collection procedure was carried out by observation, interviews, and literature studies that took place from May to July 2021. The results showed that based on the dimensions of Reliability, Responsiveness, Assurances, It can be seen from the alertness indicators of health workers, the availability of adequate and modern medical devices, communication skills of health workers, the appearance of health workers, in general, showing good results and leading to patient satisfaction with the services received at Islamic Hospital X in 2021.


2019 ◽  
Author(s):  
Edi Abdurachman ◽  
Yuli Eni ◽  
Asnan Furinto ◽  
Dezie Warganegara ◽  
Idris Gautama So

Hospitals are health care institutions for people who provide individual health services. Health services in hospitals are provided for inpatients, outpatients, and emergency unit patient. Facilities in the hospital are also provided for the fulfillment of health services for all patients. However, currently, there are still many doctors who are unbalanced in getting patients. For example, in a hospital, there is a doctor who is a favorite of patients, so they have a large queue of patients. However, on the other hand, some doctors are not favorites so that almost no patients come. This makes the hospital inefficient in terms of labor and time. This study discusses the efficiency of existing resources in hospitals which includes input variables (beds, general practitioners, specialist doctors, nurses, pharmacists, medical technicians, health workers, non-health workers, building area) and output variables (inpatient, outpatient, and patient emergency unit). The method used in this study is Stochastic Frontier Analysis using Frontier 4.1 software. The results indicated that more than 50% of the hospitals are below the efficiency average. This happens for the three types of output.


2021 ◽  
Vol 9 (1) ◽  
pp. 13-32
Author(s):  
Rizkiyani Istifada ◽  
Etty Rekawati ◽  
Wiwin Wiarsih

Nurses have an important task in the strategy of intervention to reduce of Non-Communicable Diseases (NCD)’ incidence. Community health nurses have tried to control the problem of NCD. However, the incidence of NCD has not decreased as expected. The promotion and prevention of non-communicable diseases are one of the efforts to control PTM. This study aims to explore the experience of nurses in implementing the strategies of NCD’ promotive and preventive. This study used a qualitative descriptive phenomenological design. A total of 16 community health nurses were selected using purposive sampling. The inclusion criteria of this study were (1) nurses who served at the community health center for a minimum of 6 months, (2) performed individual health services in the community health center and carried out family visits and services in the community. The data were analyzed using Colaizzi's approach. This research was approved by the Committee of Ethics in the Faculty of Nursing, Universitas Indonesia. This study resulted in five strategies of nurses implementing to NCD’ promotion and prevention, include (1) health education, (2) partnership with community health workers, (3) coordination, (4) stand with the community, (5) monitoring the change of behavior in the community. Nurses’ experience of NCD’s promotion and prevention in the community health center still needs improvement to achieve holistic and comprehensive health services. Nurses should be attention to the preparation of themselves before implementing the promotion and prevention, such as preparation of the topic, communication with colleagues and communities, and doing a partnership with multisectoral.


2021 ◽  
Vol 8 (12) ◽  
pp. 293-300
Author(s):  
Redyanto Sidi ◽  
Kharmaedisyah Putra ◽  
Mirza Kesuma

Doctors and medical personnel who perform the activities of the medical service must have permission practices of the country in accordance with applicable regulations, and the provision of medical services must be in accordance with the authority of the medical profession. Doctors who perform the activities of health services must have a Letter of Permission Practices of the government in accordance with the regulations in force, in the conduct of health services should be based on the competency of medicine. If in providing health deviate from the rules that have been specified then it will get penalized in accordance with the applicable legislation. This research using the method of normative legal research that is done by researching secondary data collected with the approach of the study of literature to study secondary data associated with the service issues the practice of medicine. Secondary Data in this research consists of primary and secondary legal materials are compiled systematically and analyzed qualitatively. The results of this research show that the Forms of criminal acts in the health services is a criminal offence which is regulated in the criminal code as well as regulated in the Law Practice of Medicine. Health services provided to patients without registration letter doctor is one of the forms of criminal acts that is set in the Law Practice of Medicine. Someone who is committing a crime, including criminal acts in the service of health must account for his actions. Its criminal a person must be proven about the crime that he did. Ability is responsible for an element of error, then to prove the existence of a fault element of the last to be proven again. Keywords: Criminal Liability, Health Services, A Letter Of Permission Physician Practice.


2019 ◽  
Vol 2 (1) ◽  
pp. 91
Author(s):  
Parikhesit Parikhesit ◽  
Gunarto Gunarto ◽  
Maryanto Maryanto

Enforcement strategies terrorism has changed from that previously used the law enforcement strategy reactive (reactive law enforcement) to the law enforcement proactive (proactive law enforcement). Enforcement strategies are proactive expected to reach the corporate as well as those who are behind it as the founders, leaders and corporate board into the hands of the main perpetrators of criminal acts of terrorism.The purpose of writing is to know the conception of the corporation in criminal acts of terrorism and how the system of corporate criminal liability in criminal acts of terrorism under the Act No. 5 of 2018.Act No. 5 of 2018 recognize the corporation as a subject or as a criminal. While the forms of criminal acts committed by a corporation is the criminal acts committed by individuals. Thus the corporation can be said to be committing a crime as stipulated in the formulation of a criminal offense if the offense is committed by people on the basis of employment, or other relation, either individually or jointly, acting for and on behalf of the corporation in and outside the corporate environment.The setting is the principal criminal fines against corporations show that the conception of the corporation in criminal acts of terrorism under the Act No. 5 of 2018 is the third model is the corporation as a maker as well as corporate responsibility.Keywords: Corporate; Accountability; Terrorism.


2020 ◽  
Vol 11 (1) ◽  
pp. 104-113
Author(s):  
Vera Fitriana ◽  
Agus Santoso ◽  
Edi Dharmana

Background: Psycho-emotional aspects play an important role in both health services and health workers in the emergency department. Smiles are forms of interactions between nurses and patients that are given in providing health services to patients in terms of nonverbal communication. However, high workloads in the emergency unit may hinder nurses from smiling. Purpose: This study aimed to explore the experiences and meanings of nurses’ smiles to patients in the emergency department.Methods: This study employed a qualitative design with a descriptive phenomenological approach. Thirteen participants were recruited through purposive sampling using the inclusion criteria, such as emergency nurses with more than three years of work experience and nurses who had attended training on effective communication. Data were collected through in-depth interviews with semi-structured questions and analyzed using the Colaizzi’s phenomenological approach. Results: The study generated four themes, namely, the importance of smiles in emergency services, the miracle of smiles, the hindrances for emergency nurses to smile, and that smiles and humor in an emergency situation are important for children. Conclusion: The study concluded that nurses’ smiles had a significant benefit on emergency department services as a form of interpersonal relationship, although the practice still needs to be improved. Nurses are expected to be able to apply smiles in communicating with patients and their families in the emergency departments.


2021 ◽  
Vol 7 (44) ◽  
pp. 2227-2242
Author(s):  
Hüseyin ERİŞ ◽  
Filiz KIROĞLU

The aim of this study is to determine the criminal responsibilities of health workers in the relevant laws on medical malpractice in the health sector and to reveal the factors in the formation of medical malpractice. This study is a descriptive study. With the information obtained as a result of the Turkish Penal Code No. 5237, the Law No. 1219 on the Practice of the Style of Medicine and Medical Arts, the Law No. 1593 on Public Health, the Law on the Turkish Medical Association No. 6023, the Turkish Code of Obligations, the Patient Rights Regulation and literature reviews, the medical malpractice of health workers criminal liability has been compiled. In recent years, serious educational studies have been carried out on the subject of medical malpractice and information activities have been carried out on this subject both to health workers and patients. Especially when the awareness about medical malpractice started to increase in patients and their relatives, serious lawsuits were filed against health personnel due to simple mistakes made. Health workers have to defend themselves in the face of these lawsuits. Because serious steps have not been taken yet on Medical Malpractice in the Turkish Penal Code. For this reason, both the court committee, the patient, the health institution and its employees face some difficulties in this process. In particular, healthcare professionals are faced with a serious lack of knowledge about the criminal liability of medical malpractice. Since the laws regarding the health law in our country are not fully regulated, these cases can only be heard in a lawsuit to be opened due to the fault of the health personnel, according to the provisions of the Turkish Penal Code and the Code of Obligations. These lawsuits are carried out in the form of criminal cases, material and moral compensation cases. Therefore, the litigation process may take longer. For this reason, special arrangements to be made regarding medical malpractice in the field of health law will be important in concluding such cases as soon as possible by ensuring that such cases are handled more objectively in terms of the defendant and the plaintiff. It is necessary to determine the rights and duties of both patients and healthcare professionals by carrying out a study with broad participation by health sector representatives, especially lawyers, in order to overcome this deficiency.


SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 215
Author(s):  
Prilian Cahyani ◽  
Astutik Astutik

Electronic medical records (RME) have been used in hospitals as a substitute for or complementary to medical records in the form of paper. The obligation to make medical records is the responsibility of every doctor or dentist in carrying out the medical practice. However, the use of electronic-based medical records does not rule out the possibility of raising problems in the field of law, if some abuse it. This will raise the issue of who has the obligation to take responsibility. The problem is the background of the author to write in an article with the title "Accountability for the Misuse of Electronic Medical Record Abuse in Health Services". The formulation of the problem in this article is: 1) Setting an electronic medical record; 2) Criminal liability for the misuse of electronic medical records. The research method used is normative legal research with a statutory approach and a conceptual approach. From the discussion, it can be seen that in Indonesia the obligation to make medical records is specifically regulated in the Medical Practice Law. Furthermore, in the Ministry of Health No. 269 / MENKES / PER / III / 2008 especially Article 2 paragraph 2 states that medical records can be made electronically. However, to date, no specific regulations are governing electronic medical records. The use of electronic systems in medical records makes it necessary to heed the provisions of Law No. 11 of 2008 concerning Electronic Information and Transactions. The party who has the responsibility for the misuse of the Electronic Medical Record covers people who in this case are medical personnel or certain health workers. Hospitals can also be held responsible for the misuse of electronic medical records.


1933 ◽  
Vol 27 (2) ◽  
pp. 271-289 ◽  
Author(s):  
Gordon Ireland

A composite picture of the status of the Papacy in international law as described by the text-book writers down to 1929 has notably clear outlines. From the 8th century until 1870, the Pope, in addition to his spiritual authority as supreme head of the Roman Catholic Church, had, except for brief intervals, the rights of temporal sovereignty as head of a state. In that year Rome was occupied on September 20 by an Italian army, the occupation was ratified by popular vote, and the city made the capital of the Kingdom of Italy by the Italian Parliament on October 2; on October 9 it was annexed by royal decree, which was confirmed by law of December 31; in consequenceof which the Papal States disappeared and the temporal power of the Popewas ended. On May 13, 1871, the Italian Parliament enacted the Law of Guarantees which regulated the status of the Pope, so far as Italy was concerned, and purported to extend to him all necessary safeguards for the freeexercise throughout the world of his spiritual authority. This law securedto him personal inviolability and exemption from criminal liability, thoughhe remained subject to the civil courts of Italy, and it bestowed or recognized his enjoyment of certain rights and privileges belonging in other cases to temporal sovereigns, such as maintaining an armed force, freedom of correspondence and sending and receiving representatives to and from states beyond Italy. As a municipal statute, the Law of Guarantees could conferno international status upon the Pope, and although it might have been made the basis of treaty agreement between Italy and any Catholic or other Power, it was, so far as known, never so treated, and therefore remained legallyalways capable of change by Italy alone. The Popes never formally acceptedthe provisions of this law nor the endowment granted by it, and in protest against the events of 1870 they objected to any Catholic sovereignvisiting the King of Italy, and remained after their election perpetually with in the Vatican without emerging on to other Italian soil. The Poperetained the right to make with sovereign states concordats concerningecclesiastical affairs, as before his loss of temporal power; and continued toexercise the rights of active and passive legation as assured by the Law of Guarantees. The Papal household subsisted on food and water whose deprivation would have threatened life itself had Italy joined for a month inthe policy of non-intercourse adopted for the Pope personally. The statusof the Pope in international law was abnormal and unique.


ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling


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