Criminal Liability of Medical Personnel in Cases of Malpractice in Indonesia

The criminal liability of medical personnel in malpractice is a crucial issue in the field of health law that demands legal certainty as well as protection of patient rights and the professionalism of medical personnel. Amid the increasing public awareness of patient rights, alleged malpractice cases are becoming more frequent and demand clarity regarding the boundary between medical negligence and professional practice risks.

Mistakes by medical personnel constitute criminal liability. In the context of health services, health workers have a highly vital role. Medical personnel are required to carry out professional standards carefully, while the law must be able to provide balanced protection for patients without hindering the professionalism of medical personnel.

Definition of Medical Malpractice

Advancement of technology does not necessarily provide the best possible health services and facilities, as malpractice cases still frequently occur in Indonesia. Medical malpractice is generally understood as an act by medical personnel that does not meet professional standards, causing harm to the patient. This may include misdiagnosis, carelessness during procedures, actions beyond competency, or the omission of important information to the patient. In the context of criminal law, malpractice is not only assessed from an ethical or professional discipline aspect, but must meet elements of fault that can be legally accounted for.

Elements of Criminal Liability

Malpractice (medical error) that leads to criminal prosecution by harmed patients is widely recognized, and all parties are aware that doctors are ordinary human beings who may at times commit negligence, resulting in violations of ethical codes or even health regulations. To prosecute medical personnel, several essential elements must be proven. First, there must be an act that deviates from applicable professional standards. Second, there must be an element of fault, ranging from minor negligence to gross negligence. Third, the act must cause actual harm to the patient. Fourth, there must be a clear causal relationship between the medical act and the resulting harm. These elements require strict proof because the medical field has complexities and risks that cannot be equated with other professions.

Challenges and Risks of Criminalization

One of the biggest challenges in applying criminal liability to medical practice is the risk of excessive criminalization of medical personnel. Many cases are brought into the criminal sphere even though, professionally, the medical personnel have acted according to standards. This can create fear, hinder service quality, and trigger defensive medicine. Therefore, a multilayered resolution mechanism, through ethics, professional discipline, and criminal law, becomes important to prevent misuse of legal instruments.

The criminal liability of medical personnel in malpractice cases must be placed within the context of balancing patient protection and protection of the medical profession. Only acts that truly deviate from professional standards and contain clear elements of fault deserve criminal processing. Thus, comprehensive understanding from various parties, including law enforcement officers, medical personnel, and the community, is necessary so that medical cases are resolved objectively, fairly, and proportionally.

Author:

Ni Putu Ayu Mandalay Shasa Alba Chiara, S.H.

Editor:

Anak Agung Made Shintya Dewi

Advisory Board:

I Wayan Sudarsana, S.H.

Anak Agung Alit Juliarta, S.Pd., S.I.Kom., M.Par.

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