Legal Study of Electronic Medical Records as a Tool of Evidence of Malpractice Claims in Indonesian Courts

Abstract

Medical records are a form of administrative service provided by health facilities to patients that must be carried out by health workers who
provide services. Various health facilities such as hospitals in big cities in Indonesia already use electronic medical records. In the case of
medical malpractice in Indonesia, medical records play an important role in the evidence in court. Currently, there is no specific legal regulation
that regulates the implementation of electronic medical record in Indonesia. Legislation in the form of a regulation of the minister of health only
regulates medical records in general and there is no standardization and legislation regarding electronic medical record. Various lawsuits against
health services or known as malpractice involve evidence in the form of medical records which are opened by court order. In practice, EMR
which can be categorized as valid evidence in a medical malpractice case court is only based on the judge's conviction. For this reason, a
normative study with a comparative approach was conducted to compare the legislation in other countries as a recommendation for the
establishment of electronic medical record regulation in Indonesia in accordance with the rules for establishing legislation, so that they can be
used as valid evidences in medical malpractice courts.