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Research Paper | Law | Indonesia | Volume 9 Issue 1, January 2020 | Popularity: 6.5 / 10

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Legal Protection of Medical Records as Evidence Tool in Law Enforcement Process

Bahrain Damanik, Erni Agustina

Abstract: Apart from the very important functions and roles in the health sector, the medical record is very important as proof in especially proof in health service disputes. Medical record files provide data to help protect the legal interests of patients, doctors and health service providers. Legal Protection of Medical Records as Evidence of Law Enforcement Process in the Court based on Article 50 letter (a) of Law Number 29 Year 2004 concerning Medical Practices. Medical records can be used as a means of proof as regulated in Article 1866 of the Civil Code and Article 184 of the Criminal Procedure Code. Provisions Article 13 Paragraph (1) letter c Regulation of the Minister of Health Number 269 / MENKES / PER / III / 2008 Concerning Medical Records. Tis is a normative legal research which examines the law as norms, rules that are in the We Act, and various statutory regulations. This research concludes that besides being able to function as a documentary evidence providing guidance to judges, medical records can also be used as material for an expert witness to explain the medical facts. This statement from the expert can be used as evidence in proving a malpractice case.

Keywords: Medical Records, Evidence, Law Enforcement

Edition: Volume 9 Issue 1, January 2020

Pages: 1 - 6

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