PERLINDUNGAN HUKUM TERHADAP DOKTER ATAS GUGATAN PERBUATAN MELAWAN HUKUM DITINJAU DARI UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN(Studi Kasus Putusan Nomor 225/Pdt.G/2023/PN Ckr)

Abstract

 The implementation of health services is not free from problems which often have to be resolved through the courts. One of the problems that arose was the accusation of poor health services by medical personnel at a hospital which was decided in Decision Number 225/Pdt.G/2023/PN Ckr. In this decision, it was discovered that the panel of judges rejected the plaintiff's lawsuit because it was deemed insufficient, because the doctor who treated the patient was not drawn as a party to the lawsuit. In fact, as explained above, hospitals are legally responsible for negligence committed by medical personnel. This research was prepared using normative research methods, namely by analyzing the problems in decision Number 225/Pdt.G/2023/PN Ckr and connecting them with applicable laws and regulations. From this research it is known that the provisions of Article 193 of the Health Law expand the responsibility of hospitals from only negligence caused by health workers to all hospital resources, including doctors as medical personnel so that doctors should be given protection against all forms of liability. civilly. The doctor who treated the patient in the case of Decision Number 225/Pdt.G/2023/PN Ckr cannot be made a defendant, but he can be made a co-defendant.

Keywords : Health Services, Legal Protection, Health Law