The Role of Indemnification in Medical Dispute Resolution: Legal and Ethical Implications

Authors

  • Helmawan Trintono Program Study Magister Hukum Kesehatan, Pascasarjana UNPAB, Indonesi

Keywords:

Compensation, medical disputes, legal aspects and ethical aspects

Abstract

Compensation in resolving medical disputes in Indonesia is very important because it can provide financial compensation for patients who experience losses due to malpractice. Data shows an increase in the number of complaints and lawsuits related to medical disputes every year. Determining fair and proportional compensation is often a complex challenge because it involves various aspects such as the level of patient loss, health service standards, medical evidence, and socio-economic factors. Therefore, a careful and holistic approach is needed in determining compensation to ensure fairness and improve health practices. The aim of this research is to identify the role of compensation in medical dispute resolution in Indonesia and to analyze its legal and ethical implications. The research method used is qualitative with a normative and empirical juridical approach. The research results show that compensation in resolving medical disputes in Indonesia is important to ensure justice for patients and the responsibility of health service providers. The process of determining compensation involves mediation, negotiation, and a formal legal process. The Health Law and health regulations require hospitals to have a dispute resolution mechanism and provide a legal basis for patients' rights to compensation. Legal and ethical aspects such as integrity and fairness are taken into consideration in determining compensation, creating a holistic settlement system to maintain fairness and quality of health services

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Published

2024-05-04

How to Cite

Helmawan Trintono. (2024). The Role of Indemnification in Medical Dispute Resolution: Legal and Ethical Implications. Proceedings : International Forum Research on Education, Social Sciences Technology and Humanities, 1(2), 36–41. Retrieved from https://journal.berpusi.co.id/index.php/POE/article/view/802