TANGGUNG JAWAB MALPRAKTEK MEDIS DOKTER DITINJAU DARI ASPEK HUKUM PERDATA (PENDEKATAN MEDIKO LEGAL)

Abstract

Medical malpractice is a form of physician errors in their profession (professional misconduct)
or forms of therapy failure in efforts to help patients, which may occur because of the element
of intent or negligence. The error can be either provide therapies that are less carefully or
careless, or has violated the code of ethics or standards operations (SOP). It is caused due to
lack of skill and lack of experience, or perform medical acts outside expertise. Medical
malpractice actions can be responsibility not only limited to the realm of medical ethics, but
also the law. Liability in civil law can be based on breach of contract, on condition that the
doctor - patient has been bound in the agreement, the transaction therapeutic. The nature of
this agreement in the form of "effort" to find a cure diseases doctor (effort agreementâ€).
Whereas if on the basis of tort, the act took place outside the framework of the agreement, for
example, the doctor has violated SOP, or codes of conduct.

Keywords: medical malpractice, “effort†agreement.