The Role Of Compensation In Medical Dispute Resolution : Legal And Ethical Implications

Authors

  • Helmawan Trintono Subekti Universitas Panca Budi Kota Medan
  • Dahlan Dahlan Universitas Panca Budi Kota Medan
  • Tamaulina Br. Sembiring Universitas Panca Budi Kota Medan
  • Yasmirah Mandasari Saragih Universitas Panca Budi Kota Medan

DOI:

https://doi.org/10.62951/ijlcj.v1i2.45

Keywords:

Compensation, Medical Disputes, Legal Aspects, Ethical Aspects

Abstract

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

References

Andrianto, and Andaru. “Hospital Accountability Patterns in Resolving Medical Disputes in Indonesia.” Journal of Law & Development 49, no. 4 (2019): 908–922.

Busthomi, Sutarno, Nugraheni, and Huda. “The Urgency of Health Courts as an Effort to Solution Medical Disputes in Indonesia.” Kertha Semaya Journal 11, no. 11 (2023): 2677–2693.

Indonesia., Ministry of Health of the Republic of. “Minister of Health Regulation Number 269/Menkes/Per/III/2008 Concerning Medical Services,” 2008.

Indonesia., Republic of. “Law Number 17 of 2023 Concerning Health.,” 2023.

Jauhani. “The Dilemma of Doctors’ Capability and Impartiality as Medical Dispute Mediators .” In SCOPINDO MEDIA LIBRARY., 2020.

Jauhani, Supianto, and Hariandja. “Legal Certainty for Settlement of Medical Disputes Through Mediation Outside of Court.” WELFARE STATE Law Journa 1, no. 1 (2022): 29–58.

Priyadi. “Legal Protection for Patients in Medical Disputes.” Legal Horizons: Scientific Magazine of the Faculty of Law, Wijayakusuma University 2, no. 22 (2020): 79–89.

Purwadi. “Principle of Presumption of Always Liability in Medical Disputes.” PADJADJARAN Journal of Legal Sciences (Journal of Law) 4, no. 1 (2017): 104–121.

Sinaga. “Medical Dispute Resolution in Indonesia.” Aerospace Law Scientific Journal 11, no. 2 (2021).

Suparman. “Legal Protection and Hospital Responsibility for Doctors in Medical Disputes.” Sharia Law: Journal of Legal Studies 17, no. 2 (2020): 188–215.

Trisnadi. “Legal Protection of the Doctor’s Profession in Resolving Medical Disputes.” Journal of Legal Reform 4, no. 1 (2017): 24–41.

Zaluchu, and Syaharudin. “Settlement of Medical Disputes Between Patients or Patients’ Families and Doctors Based on Legal Provisions in Indonesia.” Krtha Bhayangkara 16, no. 2 (2022): 237–258.

Published

2024-04-26

How to Cite

Helmawan Trintono Subekti, Dahlan Dahlan, Tamaulina Br. Sembiring, & Yasmirah Mandasari Saragih. (2024). The Role Of Compensation In Medical Dispute Resolution : Legal And Ethical Implications. International Journal of Law, Crime and Justice, 1(2), 26–35. https://doi.org/10.62951/ijlcj.v1i2.45