Legal Protection for Hospitals in Providing Health Services for Patients and Their Family

Vivid Izziyana, Wafda, Yuli Rimbawan, Andhika, Eri Safira, Martha, Budiono, Arief and Iriani, Dewi (2020) Legal Protection for Hospitals in Providing Health Services for Patients and Their Family. In: BIS-HESS 2019.

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Abstract

According to the Constitution No. 44 of 2009 concerning Hospitals, it is explained that a hospital is a health
service institution for the people with its own characteristics which is influenced by health science
development, technology advancement and the people’s socio-economic life which must be able to improve
the better-quality services and be affordable for the people in order to achieve the highest degree of health.
From this definition, it can be seen that hospitals are very much needed to provide the best health service for
the people. However, it is not uncommon that hospitals and its internal instruments, such as the medical staff
and the allied health staff, nursing staff, pharmaceutical staff, management staff, and administrative staff
experience verbal or nonverbal abuse both from patients or their families, not to mention that it happens if
there are cases of medical malpractice. The purpose of this study is to observe the extent of the Constitution
No. 44 of 2009 concerning Hospitals has been well implemented by the Hospital to improve its services for
patients and their families. This study is an exploratory-descriptive study with a statutory approach. The
existence of the Law No. 44 of 2009, apparently has not been able yet to provide strong legal protection for
Hospitals in the cases relating to patients and their families. It needs revision on several Articles in Law, to be
able to provide fair and balanced legal protection, especially for the Hospitals, because if there is a case
against patient or patient's family, the community tends to judge that the Hospital is guilty or has committed
medical malpractice. The reverse-charging principle of criminal law should also be applied in the Constitution
No. 44 of 2009.

Item Type:	Conference or Workshop Item (Paper)
Uncontrolled Keywords:	Keywords: legal protection, hospital, health services
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Laws
Depositing User:	Library Umpo
Date Deposited:	03 Dec 2020 06:55
Last Modified:	03 Dec 2020 06:55
URI:	https://eprints.umpo.ac.id/id/eprint/5611

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