Juridical Review of Medical Notes Therapeutic Transactions on Medical Malpractice

Abstract

A medical certificate is an official letter that contains an explanation of a person's condition or something that the doctor made with his competence and part of the doctor's comprehensive task on therapeutic transactions. Alliances occurring include verbintenis inspanning. Problems in Indonesia for cases of ethical or juridical malpractice are not recorded in detail and official. The purpose of this study is to investigate the actions of doctors issuing medical certificate that results in harm with the element of intentionality. And it is against the law of the malpractice category. The approach used in this research is normative juridical method using analytical descriptive type specifications. Cases are taken randomly from public legal materials. Cases are analized logically, normatively and qualitatively. The results showed that Law No. 29 of 2004 on Medical Practice, and Regulation of the Minister of Health No. 2052 of 2011 on Medical Practice, Code of Medical Ethics year 2012, as well as Law No. 8 of 1999 on Consumer Protection have not regulated specifically about medical certificate including medical malpractice. A legal product is needed that provides legal protection for doctors and patients so that it can distinguish the medical certificate as a criminal act or a violation of ethics.

Keywords: Medical Note, Legal Protection, Malpractice.

DOI: 10.7176/JLPG/107-07

Publication date:March 31^st 2021