Tanggung Jawab Dokter/Rumah Sakit Akibat Malpraktik Medis SebagaiUpaya Perlindungan Hukum Bagi Pasien

Abstract

The relationship between a doctor and a patient is basically a civil law relationship, where the patient comes to the
doctor to cure his illness and the doctor promises to try to treat or cure the illness. Civil relations are legal relations
carried out by parties who are in equal positions. The relationship between the doctor and the patient gives rise to
rights and obligations or in other words the agreement/agreement between the doctor and the patient gives rise to
an obligation, in this case a business contract (inspanning verbintennis) because it is based on an obligation to do
business. Doctors are obliged to provide care with care and attention in accordance with professional standards. So
if the patient/family finds out that the doctor has not fulfilled his obligations as stated in the agreement, he can file a
lawsuit for breach of contract before the court and ask for the agreement to be fulfilled and can demand
compensation. Likewise, if a doctor in his service to a patient commits an act that violates the law, then in
accordance with the provisions of Article 1365 of the Civil Code which regulates unlawful acts, the plaintiff (victim,
patient) can demand compensation, both material and immaterial. The principle of the reverse burden of proof can
be applied in medical cases, so the rights of the patient (plaintiff) will be protected, meaning that the plaintiff
(patient), even though it is difficult or impossible to prove the fault of the defendant (doctor, hospital) and will still
obtain his rights, namely in the form of compensation both material and immaterial.
Keywords: Doctor's liability, malpractice, medica