Medical Dispute in Indonesia Health

Reference work entry

Abstract

This paper describes the importance of medical dispute resolution, which does not necessarily need to proceed through criminal justice systems but rather may take place through peaceful mediation. It also discusses aspects of the systematic handling of criminal claims in health care in Indonesia as well as professional remedies that could be implemented.

In the medical management of a hospital, it can sometimes happen that a doctor and a patient can have a significant difference in perspective which can lead to a dispute and eventually to the patient suing the doctor for medical negligence.

A medical dispute is a disagreement between a patient or the patient’s relatives and health care professionals or hospitals. Usually, the dispute involves the result or outcome of health services and is fostered by not paying attention to or ignoring the proper process.

Hence, in some cases, public warnings are often given that, in performing their duties, health personnel should be more careful and responsible in order to avoid mistakes, negligence, or omissions that may result in lawsuits.

Closed-door meetings would give a feeling of comfort and security to both parties, so that disclosure of confidential information and damage to the essential reputation needed by physicians and health care professionals can be prevented.

The reality in the field is that health care professionals who want to keep their reputation and do not want litigation prefer peaceful solutions but as the current system is not well-structured to support these solutions, the system is often used by persons who are not responsible and who turn to licentious alternatives such as bribery and gratuities.

Keywords

Health Worker Civil Code Criminal Code Medical Malpractice Civil Court 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Copyright information

© Springer-Verlag Berlin Heidelberg 2013

Authors and Affiliations

  1. 1.Indonesia Police Committee, Indonesia Health Law Society, World Association of Medical Law (WAML)JakartaIndonesia

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