The Limitation of Hospital Liability in Indonesian Health Law

DOI

10.2991/978-2-38476-273-6_81How to use a DOI?

Keywords

Civil liability; Hospital liability; Medical malpractice; Principle based on fault

Abstract

According to Indonesian Hospital Law, as last amended by Indonesian Health Law, the hospital may be held liable for losses caused exclusively by the negligence of health workers at the hospital. In contrast, according to the concept of civil law, fault in a broad sense includes both negligence and intentional. This research examines the limitations of hospital liability in the Hospital Law as last amended by Health Law. This research is normative research with legal analysis using statutory and conceptual approach methods. This study found that hospital liability is not limited according to the theory of fault, implying that liability is based on the Indonesian Civil Code principle of an element of fault. In civil law, mistakes encompass both intentional and negligent, the legal consequences are the same the perpetrator must still pay compensation. In order for vicarious liability, which requires a person to be responsible for the actions of another person, to be applied to a hospital, the following conditions must be met: the element of the action that is against the law; the element of subordinate fault; subordination relationship and functional relationship.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Windy Virdinia Putri
AU  - Nanik Prasetyoningsih
PY  - 2024
DA  - 2024/08/02
TI  - The Limitation of Hospital Liability in Indonesian Health Law
BT  - Proceedings of 5th Borobudur International Symposium on Humanities and Social Science 2023
PB  - Atlantis Press
SP  - 775
EP  - 783
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-273-6_81
DO  - 10.2991/978-2-38476-273-6_81
ID  - Putri2024
ER  -