Legal Liability for Medical Malpractice in The Indonesian Health Law System
Keywords:
Medical Malpractice, Legal Liability, Health LawAbstract
Medical malpractice is a crucial issue in the Indonesian health law system as it directly concerns the protection of patients’ rights and legal certainty for medical professionals. The increasing level of public legal awareness has led to a rise in medical malpractice claims, although not all adverse medical outcomes may be classified as malpractice. This article aims to analyze the legal concept of medical malpractice, the forms of legal liability imposed on medical professionals, and the mechanisms for resolving medical disputes in Indonesia following the enactment of Law Number 17 of 2023 on Health. This study employs a normative legal research method using statutory and conceptual approaches. The results indicate that medical malpractice can only be established when there is a violation of professional standards, negligence or fault, and a causal relationship between the medical act and the harm suffered by the patient. Therefore, preventive approaches through strengthening professional standards and ethical mechanisms play a strategic role in preventing the criminalization of medical professions.
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