Hubungan Dokter dengan Pasien Dalam Bidang Kesehatan

Authors

  • Bing Waluyo Faculty of Law, Universitas Wijayakusuma Author

DOI:

https://doi.org/10.51921/wlr.abd9jf50

Keywords:

Juridical Review, Relationship, Doctor and Patient, Health Sector

Abstract

The relationship between doctors and patients begins with a vertical, paternalistic relationship pattern, which is
based on the principle of father knows best, which gives birth to a paternalistic relationship. The position/position of
the doctor and the patient are not equal, namely the position of the doctor is considered higher than the patient,
because the doctor is considered to know best about all kinds of diseases and how to cure them, while the patient is
considered to know nothing about the disease and he submits it completely to the doctor. Doctors are placed as
patrons (protectors) and patients are placed as clients (protected people). Then, in its development, the vertical,
paternalistic relationship pattern shifted to a horizontal, contractual relationship pattern. This relationship gives
birth to a horizontal contractual legal aspect which is inspanningsverbintenis which is a legal relationship between
two legal subjects (patients and doctors) who are of equal status, giving rise to rights and obligations for the parties
concerned. This legal relationship does not promise anything (healing or death) because the object of the legal
relationship is the maximum effort made by the doctor carefully and with tension based on his knowledge and
experience in treating illnesses to cure the patient's illness.
Keywords: Juridical Review, Relationship, Doctor and Patient, Health Sector

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Published

2023-12-10