Strict Liability as a Legal Protection for Hospitals from Lawsuits in the Implementation of Electronic Medical Records (EMR)

Abstract

The implementation of Electronic Medical Records (EMR) which replaces the manual paper-based recording system, is designed to improve the efficiency, accuracy, and integration of patient medical data, thus providing great benefits for hospitals and patients. However, the digitalization of health services brings new challenges, especially in terms of legal protection for hospitals. As an institution that organizes
EMR, hospitals face high legal risks, such as patient data leaks, privacy violations, or system failures. For example, if a patient's medical data is accessed by an unauthorized party due to a weakness in the security system, the patient can file a lawsuit against the hospital. Such lawsuits are often based on the argument that the hospital has a legal obligation to maintain the confidentiality of patient data in accordance with Article 189 of Law No. 17 of 2023. When this obligation is violated, even though there is no element of direct error, the hospital is still responsible for the losses incurred. This is in line with the principle of strict liability, where legal responsibility is attached to the perpetrator even though no element of negligence can be proven. This research discusses how to apply strict theory liability in providing legal protection for hospitals as organizers of Electronic Medical Records (EMR) to protect their good name from civil lawsuits; What legal strategies can be implemented by hospitals in mitigating the risk of civil lawsuits related to the management of Electronic Medical Records (EMR); This study uses a normative legal approach method. The results of the discussion in this study are that the Hospital as the organizer of Electronic Medical Records (EMR) has a great legal responsibility in maintaining the confidentiality of patient data and ensuring that the health information system runs according to established standards. Legal strategies that can be applied to mitigate the risk of civil lawsuits include compliance with regulations, the preparation of comprehensive internal policies, contract management with technology providers, the use of data protection insurance, and the application of a restorative approach in resolving disputes. By integrating these steps, hospitals can not only minimize legal risks, but also increase public trust in safe, quality, and technology-based health services. This reflects the application of the principles of prudence and accountability in accordance with the strict theory liability in the management of the RME system.