Juridical Analysis of Negligence in Health Services by Health Personnel Reviewed From Law Number 17 Of 2023 Concerning Health
Abstract
This research aims to explore the implementation of Law No. 17 of 2023 concerning Health in Indonesia, specifically focusing on legal protection for health workers and patients. This research highlights important changes in health regulations, including the transition from treatment to prevention, easier access to health services, and increased efficiency of health systems. With developments in health technology and increased awareness of patient rights, this research also examines the dynamics of the relationship between patients and health workers, as well as the response of health workers to this new law. Research Method: This research uses a descriptive qualitative approach, collecting primary data through official documents related to the law and secondary data from books, journals and articles. This method aims to be in-depth and produce a comprehensive content analysis, by comparing findings from various sources to obtain valid conclusions. The focus of this research is to understand how Law No. 17 of 2023 affects legal protection for health workers and patients in Indonesia. The essence of this research revolves around the concept of medical negligence in the context of law and medical practice. Medical negligence is defined as an action or inaction that is contrary to medical, ethical, and legal standards of care, which may result in harm or injury to the patient. This research explores how negligence can occur and the factors that influence it, including non-compliance with SOPs. In a legal context, medical negligence can result in criminal sanctions or legal action, depending on the level of damage caused. This research also highlights the need for a balance between patient rights and legal protection for medical personnel. With the final conclusion that the form of responsibility of doctors for alleged negligence in medical services is that doctors for suspected medical negligence receive legal protection from the institution where they work, in this case the hospital. Furthermore, if a doctor is proven to have committed negligence or negligence, the legal sanctions are clear as stated in Law Number 17 of 2023 concerning Health, he will be sentenced to a maximum of 3 years in prison
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