Proceedings of the International Conference on Law Reform (5th Inclar 2024)

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The Position Of Medical Risks In The Study Of Civil Health Law Is Related To The Losses Suffered By Patients

Authors
Tri Putra Rahmad Ramadani1, *, Aprilia Bhirini Slamet2
1Medical Faculty of Surabaya State University, Surabaya, Indonesia
2Faculty of Law, University of Muhammdiyah Malang, Malang, Indonesia
*Corresponding author. Email: danirambe@gmail.com
Corresponding Author
Tri Putra Rahmad Ramadani
Available Online 28 February 2025.
DOI
10.2991/978-2-38476-362-7_40How to use a DOI?
Keywords
Informed Consent; Doctor; Medical risk; Civil Law
Abstract

In the medical field, it is also known as Medical Risk. Medical risk is a condition that is not desired by both the doctor and the patient, after the doctor has made the best possible efforts in accordance with the standards, but the unwanted thing still occurs. In Indonesia, the definition of medical risk is not definitively formulated in legislation. However, it is implied that medical risk is mentioned in Informed consent or approval of medical action, which is a written document signed by the patient authorizing a certain action on him. This research is a normative legal research. The results showed that Medical Risk in the Study of Health Civil Law is associated with Volenti Non-Fit Injuria, if a person has agreed to carry out certain actions, in the sense that he has known what risks will occur if the action is carried out and accepts the risk, then if the person is injured or suffers loss because of it, he cannot hold the defendant liable, so the medical risk of medical action is the existence of informed consent as evidence that can defend the doctor when there are patients who ask for liability.

Copyright
© 2025 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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Volume Title
Proceedings of the International Conference on Law Reform (5th Inclar 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
28 February 2025
ISBN
978-2-38476-362-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-362-7_40How to use a DOI?
Copyright
© 2025 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.

Cite this article

risenwbib
TY  - CONF
AU  - Tri Putra Rahmad Ramadani
AU  - Aprilia Bhirini Slamet
PY  - 2025
DA  - 2025/02/28
TI  - The Position Of Medical Risks In The Study Of Civil Health Law Is Related To The Losses Suffered By Patients
BT  - Proceedings of the International Conference on Law Reform (5th Inclar 2024)
PB  - Atlantis Press
SP  - 278
EP  - 283
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-362-7_40
DO  - 10.2991/978-2-38476-362-7_40
ID  - Ramadani2025
ER  -