PERLINDUNGAN HUKUM PADA PASIEN TERHADAP MALPRAKTEK DOKTER

Abstract

Patient is any person who consulted a physician profession regarding his or her
health problems to get healed from his illness. Patient is king in health service. In
order to get the case, a patient will be checked for health by a doctor who has licensed
the practice. In article 44 of Law no. 29 Year 2004 on the practice of Medical states
"Doctors and dentists in conducting medical practice must follow the standard of
medical services". In carrying out the duties of the profession, the doctor has a noble
reason that is trying to maintain the condition of the patient's body to stay healthy and
try as much as possible to make healthy body of the patient, but the health services of
a doctor performed to the patient not as successful and satisfactory, but there at times
the business fails, organ rigidity, even death to the patient.
This research is a legal research using normative juridical approach. According
Soerjono Soekanto normative juridical research is a study of legal principles. The
normative approach is made in discussing the Legal Protection of Patients on
Medical Malpractice According to Law No. 29 of 2004 on Practice Doctors in order
to achieve significant and relevant results. The data data used is primary data
derived from the authorized Institution Institutions such as the National Commission
for Child Protection which is then supported with secondary data that is relevant
literature to strengthen the analysis of this study.
The results of research and discussion show that the legal protection for patients
against malpractice doctors can be seen in the Law or Code of ethics profession of
medicine. Furthermore for the legal effort that can be taken by the patient is the
mediation path, if the mediation is not resolved, then the patient can sue the
pharmacist in court and outside court.