Negligence Health Law

The allegations of irregularities are not really intended only for people who work in the health sector, there is a doctor, but may be due to lack professionalism, if groups of journalists, lawyers, paranormal, and other groups. The understanding of these bad practices are among those who work as health professionals, including physicians.

Excessive restrictions on malpractice in the general sense of health personnel, workers in the health of someone in the provision of professional responsibilities to patients and carried out of the profession in general stardard caused disability and death. However, the formulation of professional standards that will be the norm, particularly for health professionals (doctors) do not explicitly required by law.

Regarding the size of the standard, we have professional legal advice of doctors, Professor Van der Mr.WB be mine, who said that a health care professional must adhere to the 3 (three) general measures, namely: 1. Authority, 2. The average power, and 3. The overall accuracy, ie a health system must be legally authorized to perform the work (from right to left), a license for practicing physicians and other health professionals, a company or other authorized health care providers such as hospitals or clinics.

The following health care worker measures the average capacity should be determined on the basis of experience working in environments that support their work, then health should be careful to work with precision the size varies. But how difficult is it for a rating scale (scale) the standards of health care workers, the law requires people who work as caregivers should meet professional standards and respect the rights of patients (see:. Article 53 , paragraph 2 of Law 23 of 1992 on Health). And everyone is entitled to compensation for damages resulting from errors or omissions on the part of health workers. (See Article 55, paragraph 1 of Law 23 of 1992).

And the health of employees who make mistakes or negligence in the exercise of their profession may be subject to disciplinary action by the Board of Discipline of Health (empty .. Article 54, paragraphs 1 and 2 of Law No 1992 23 years Jo health PP No. 32 of 1996 on Health). Disciplinary Board of Health (MDTK) with right and authority to investigate the presence or absence of fault or negligence of the rules of the profession conducted by the health of patients, presumably. (See Article 5 of Presidential Decree 56 of 1995 MDTK RI).

In short, if a health professional is a doctor, nurse, pharmacy, nutrition staff and other personnel not only be charged and prosecuted by guilt, but the medical staff may also be sued based on breach rights patients presenting in the presence of a therapeutic contract between healthcare for patients include: 1. The right to information about the disease, 2. The right to consent to an unconscious patient infotmed, 3. The right to be kept secret about the disease, 4. The right to good medical ikhtikad, and 5. The right to adequate medical care, as well as possible. Patients' rights are the key here is the law of the relevant information of which usually contains about patients: diagnosis, treatment with the possibility of alternative therapy, about how physicians experience and risk the possibility of pain or other feelings that lead to medical, therapeutic and prognostic.

Caregivers can be prosecuted under Article 1365 of Civil Code Jo. Article 55 of Law 23 of 1992 and may be convicted under section 359, 360 and 361 of the Penal Code, Article 80, 81, 82, 23 of Law No. 1992 and other penal provisions. In addition to the rights of patients, we must also point out a little 'more about the rights of health personnel especially doctors. With regard to the rights of doctors can be stated as follows: The right to work according to the standards of the medical profession, the right to refuse medical procedures that can not be responsible for their professional practice, in accordance with the law of conscience the poor , the right to refuse to terminate the relationship with the patient, if the judge to conduct cooperation with the patient no longer has the right to privacy of a doctor, the right of both the patient application of a therapeutic (healing), the entitled to compensation, the right to defend itself and the right to select patients, but this is not absolute ikhtikat. So here, we can conclude that the abuse is closely related to the violation of the rules of the medical profession, the medical act of infringement and violations will be prosecuted for criminal penalties and administrative practices of the revocation of the license is given.