Responsibilities of Hospitals as Corporations for Doctor Malpractice

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Hamidah Abdurrachman, Achmad Irwan Hamzani, Fajar Ari Sudewo, Kus Rizkianto


Hospitals have an important role in realizing the degree of public health. As a business entity in the health sector, there is a relationship between patients, doctors, and hospital managers. If malpractice occurs, the hospital must be held legally responsible. This study will examine the concept of errors in criminal law, the relationship between hospitals, doctors, patients about hospital management, and the responsibility of the hospital as a corporation against doctor malpractice. The approach used in this research is normative, namely examining the responsibilities of the hospital-based on different legal perspectives. The data used is secondary data, and the data will be analyzed qualitatively. The results of this study indicate that errors include intentional and negligent. Ignorance contains errors in outward actions that point to certain mental states, but on the other hand, is the mental state itself. Ignorance includes all meanings of error in a broad sense that is not intentional. The relationship between patient and doctor is part of the overall relationship between health care and society. The relationship between doctor and patient that results in consent because giving and receiving medical care is justified in society. There are several models of the relationship between doctors and hospitals. Doctors as employees, doctors as attending physicians (partners), and doctors as independent contractors. It is not easy to determine the type of negligence of health workers that is detrimental to a person and will be the responsibility of the hospital. If malpractice occurs, clarification is made first, the hospital as the manager of public health services is legally responsible.


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