Liability for Medical Malpractice on the Telemedicine - Focusing on the Review of Relevant Regulations under Medical Law -

Hyun-Tae Choi

doi:10.35227/hylr.2021.11.32.4.235

Ganti Rugi Akibat Mal-Praktek Kelalaian Medik: Komparasi Hukum Islam dan Hukum Perdata

Syariati : Jurnal Studi Al-Qur'an dan Hukum ◽

10.32699/syariati.v2i01.1125 ◽

2016 ◽

Vol 2 (01) ◽

pp. 137-156

Author(s):

Nurma Khusna Khanifa

Keyword(s):

Medical Malpractice ◽

Mutual Understanding ◽

Medical Law ◽

Mutual Trust ◽

Mutual Respect ◽

Way Of Life

Negligence istilah dalam kedokteran, begitu juga istilah dalam mal-praktek (medical malpractice). Permasalahan timbul akibat hubungan kurang baik antara pasien dengan petugas kesehatan atas dasar mutual understanding, mutual trust dan mutual respect. Dasar inilah yang disebut sebagai perjanjian yang menimbukkan ganti rugi atau wan-prestasi salah satu pihak. Hukum di Indonesia mengatur sendiri mengenai mal-praktek dalam medical law, akan tetapi mengikuti aturan hukum perdata. Sedang hukum Islam pedoman way of life mengharuskan proteksi.

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The evolution of medical malpractice law in South Africa

Journal of African Law ◽

10.1017/s0021855300009384 ◽

1997 ◽

Vol 41 (2) ◽

pp. 175-191

Author(s):

Neil van Dokkum

Keyword(s):

South Africa ◽

South African ◽

Medical Malpractice ◽

Medical Law ◽

Current Position ◽

Progressive Change ◽

Final Choice ◽

Malpractice Law ◽

Long Time ◽

Paternalistic Approach

It is matter for debate whether there has been an evolution of medical malpractice law in South Africa, as the term implies progressive change and many would argue that South African law in this regard has changed very little over a long time. There have been changes in medical law, such as the development of the doctrine of informed consent, where there has been a shift from an overtly paternalistic approach in terms of which the patient was expected to make a choice based on the information (if any) that the doctor chose to reveal, to the current position that the patient is an autonomous subject and therefore is entitled to be fully informed and, on the basis of that information, to make the final choice regarding treatment.

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INKONSISTENSI REGULASI DI BIDANG KESEHATAN DAN IMPLIKASI HUKUMNYA TERHADAP PENYELESAIAN PERKARA MEDIK DI INDONESIA

Law Review ◽

10.19166/lr.v19i1.1551 ◽

2019 ◽

Vol 19 (1) ◽

pp. 54

Author(s):

Jovita Irawati

Keyword(s):

Medical Practice ◽

Medical Malpractice ◽

Health Sector ◽

Medical Professional ◽

Professional Standards ◽

Medical Law ◽

Health Related ◽

Medical Disciplines

<pre>Abstract</pre><pre>As an institution authorized to deal with legal complaints concerning improper health services, Indonesian Medical Disciplinary Honorary Assembly (MKDKI) has the task of determining whether there are malpractices made by doctors or dentists in the application of medical disciplines in terms of medical professional standards. This authority is stipulated in Article 66 (1) Law Number 29 of 2004 concerning Medical Practice. However, disharmony which occurs between such article and article 66 (3) as well as several health related law in Indonesia seems like negating MKDKI role in determining the element of negligence at the time of an alleged violation such as medical malpractice. Based on this condiion, the study was conducted to examine the impact of such legal disharmony in the practices and services of Indonesian health sector.</pre><pre> </pre><pre>Keywords: Medical Law, Patient’s Right, Existence of MKDKI</pre> AbstrakSebagai lembaga yang memiliki kewenangan dalam menangani pengaduan atas pelayanan kesehatan, Majelis Kehormatan Disiplin Kedokteran Indonesia (MKDKI) memiliki tugas untuk menentukan ada tidaknya kesalahan yang dilakukan oleh dokter atau dokter gigi dalam penerapan disiplin ilmu kedokteran dan kedokteran gigi yang tidak sesuai dengan standar profesi medik. Kewenangan ini tercantum dalam ketentuan Pasal 66 Ayat (1) Undang-Undang Nomor 29 Tahun 2004 tentang Praktik Kedokteran. Akan tetapi, disharmoni antara ketentuan Pasal 66 Ayat (1) dengan Ayat (3) dan beberapa regulasi yang terkait dengan bidang kesehatan seakan menegaskan peranan MKDKI dalam menentukan unsur kelalaian pada saat suatu dugaan pelanggaran seperti malpraktik medik. Penelitian ini dilakukan untuk mengkaji tentang akibat hukum dari disharmoni peraturan perundang-undangan di bidang kesehatan itu serta dampaknya terhadap praktik kedokteran Indonesia. Melalui tulisan ini diharapkan dapat diperoleh kesimpulan dan saran-saran yang relevan yang dapat diterapkan untuk mewujukan pembangunan kesehatan yang berkualitas untuk masyarakat. Kata Kunci: Hukum Kesehatan, Hak Pasien, Eksistensi MKDKI

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The Teaching of Medical Law as an integral part of Good Pharmacy Practice

10.47363/jmhc/2021(3)160 ◽

2020 ◽

pp. 1-3

Author(s):

George Gregory Buttigieg ◽

Keyword(s):

Graduate Students ◽

Medical Malpractice ◽

Good Practice ◽

Pharmacy Practice ◽

Teaching Staff ◽

Medical Law ◽

Post Graduate ◽

Legal Studies ◽

Healthcare Practice ◽

University Department

Those aspects of medical law pertaining to medical malpractice are not particularly popular with either teaching staff or under/post-graduate students. The situation changes when an individual is facing Court allegations. This article puts forward the concept, as applied to Pharmacy, that Good Practice demands an integral basic assimilation of the teachings of medical law as a concrete way to enhance positive teaching. Furthermore, both the morality and the legality of practice are becoming more or more an indispensable and often compulsory necessity of knowledge for many specialties of healthcare practice. Although the author is a professor of OBGYN, he also teaches medico-legal studies in a leading university department of pharmacy in Rome. His argument is that this must become the rule and not be the exception.

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Medical Liability: Review of a Whole Year of Judgments of the Civil Court of Rome

International Journal of Environmental Research and Public Health ◽

10.3390/ijerph18116019 ◽

2021 ◽

Vol 18 (11) ◽

pp. 6019

Author(s):

Michele Treglia ◽

Margherita Pallocci ◽

Pierluigi Passalacqua ◽

Jacopo Giammatteo ◽

Lucilla De Luca ◽

...

Keyword(s):

Medical Malpractice ◽

Health Workers ◽

Healthcare Providers ◽

Medical Liability ◽

Medical Law ◽

Healthcare Facilities ◽

Civil Court ◽

Specialized Section ◽

Liability Costs ◽

Reported Data

Background: Complaints about medical malpractice have increased over time in Italy, as well as other countries around the world. This scenario, perceived by some as a “malpractice crisis”, is a subject of debate in health law and medical law. The costs arising from medical liability lawsuits weigh not only on individual professionals but also on the budgets of healthcare facilities, many of which in Italy are supported by public funds. A full understanding of the phenomenon of medical malpractice appears necessary in order to manage this spreading issue and possibly to reduce the health liability costs. Methods: The retrospective review concerned all the judgments drawn up by the Judges of the Civil Court of Rome, XIII Chamber (competent and specialized section for professional liability trials) published between January 2018 and February 2019. Results: The analysis of data concerning the involved parties showed that in 84.6% of the judgments taken into account, one or more health facilities were sued, while in 58.2% of cases, one or more health workers were present among the defendants. When healthcare providers are the only ones to be summoned, it is dentists and aesthetic doctors/plastic surgeons who undergo most of the claims. In the overall period analyzed, the amount paid was 23,489,254.08 EUR with an average of 163,119.82 EUR. Conclusion: The evidence provided by the reported data is a useful tool to understand medical malpractice in Italy, especially with regard to the occurrence of the phenomenon at a legal level, an aspect still hardly mentioned by existing literature.

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The Concept of the Patient’s Autonomy: From the Vaults of Civil Law

Athens Journal of Law ◽

10.30958/ajl.8-1-5 ◽

2021 ◽

Vol 8 (1) ◽

pp. 83-106

Author(s):

Anatoliy A. Lytvynenko

Keyword(s):

20Th Century ◽

Medical Malpractice ◽

Civil Law ◽

Medical Intervention ◽

Gradual Change ◽

Medical Law ◽

Late 20Th Century ◽

Medical Experiments ◽

Patient’S Rights ◽

Patient’S Autonomy

The concept of patient’s rights itself was fairly known before the last four or five decades, and medical malpractice of all kinds made the aggrieved party to seek redress at a court; but no special legislation, apart from rare exceptions, has ever existed to anchor the patient’s rights before the late 20th century. In the civil law tradition of the 20th century, especially its earlier decades, doctors could be held criminally or civilly liable for a wide variety of malpractice, including unauthorised medical intervention or divulgation of patient’s information, though such provisions did not develop actual rights, were quite general in their nature, and were individually assessed by the courts in each case. Within in the gradual change in the doctrines of medical law, the term “autonomy”, shaping the patient’s right to decide what medical interventions could or could not be performed upon his body, intervened into the existing legal scholarship, which was later augmented with various issues, such as access to medical records of the patient, refusal of blood transfusion, participation in medical experiments, deciding upon end-of-life situations or relating to various reproductive law considerations, not always permitted by national law. Many of these rights are much older than the concept of patient’s autonomy themselves, and have developed in the case law which itself has originated from lawsuits against doctors and hospitals for acts, being nearly obscure in the existing legal doctrine, such as unauthorised medical experiments. The given paper is aimed to discuss the academic development and overall gist of the patient’s right to autonomy, as well as some of its early interpretations in civil law doctrine. Keywords: patient’s rights, medical malpractice, theory of law, medical law, patient autonomy, civil law.

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