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Informative Article | Law | Indonesia | Volume 9 Issue 10, October 2020

Civil Lawsuit against the Hospital that Neglects to Protect the Patient and the Health Worker

Dr. Laksanto Utomo ^[4]

Abstract: The legal relationship between doctors and patients in the implementation of medical practice is an engagement born from a therapeutic agreement. This transaction creates rights and obligations for both parties. In a therapeutic agreement, both the doctor and the patient have rights and obligations that must be carried out. The rights and obligations of doctors and patients are regulated in Articles 50 to 53 of Law Number 29 of 2004 concerning Medical Practice. Thus, if the doctor does not comply with the provisions contained in the therapeutic agreement, the patient can file a lawsuit on the basis of default. The house can take responsibility for the medical actions of doctors that meet the elements of negligence and are responsible for hospital management such as damage and unpreparedness of medical equipment when doctors use it in medical services. The law and supported by several theories give the patient the right to sue the hospital on a civil basis on the basis of default or illegal actions in the form of material compensation to the injured patient.

Keywords: therapeutic agreement, Civil Lawsuit, Patient legal protection

Edition: Volume 9 Issue 10, October 2020,

Pages: 1211 - 1216

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