Reconstruction of Hospital Liability caused by the Negligence of Medical and Healthcare Personnel

Abstract

Hospital liability for negligence committed by medical or healthcare personnel is regulated in Article 193 of Law No. 17 of 2023 concerning Health (the 2023 Health Law). Provisions regarding this liability were previously regulated in Law No. 44 of 2009 concerning Hospitals (Hospital Law), which the 2023 Health Law revoked. Both laws position hospitals as if they are legal entities obligated to cover patient losses resulting from the negligence of medical or healthcare personnel. This places a burden on hospitals to adopt deliberation and consensus resolution measures to maintain a positive hospital image. This has resulted in various malpractice issues that have never been resolved satisfactorily. Furthermore, it will also outline the financial losses that hospitals must bear due to the negligence of medical and healthcare personnel. If this matter continues indefinitely, it will undoubtedly have a far-reaching impact on hospitals. This study aims to demonstrate and discuss the legal aspects of hospital liability for negligence by medical or healthcare personnel. The research method employed is a normative research approach, characterized by a descriptive and analytical orientation. The data collected consists of secondary data, including primary legal sources, secondary legal sources, and tertiary legal sources, as well as non-legal secondary data that can support this research. To ensure the validity and reliability of the data, researchers also collected primary data through structured interviews and Focus Group Discussions. The analysis was conducted qualitatively in stages, assessing the studied norms conceptually, historically, comparatively, and casuistically. The results of this study are expected to provide input for amendments to the 2023 Health Law, especially regarding hospital liability norms.