Juridical Analysis of Therapeutic Transactions as A Form of Agreement Between Doctors and Patients

Abstract

The problems in therapeutic transaction still happen frequently between doctors and the patients in hospitals, because the agreement is considered as outcome agreement, not effort. Patients expect recovery after entrusting the treatment to doctors, while doctors understand their responsibility is to give the best treatment to the patients with his knowledge and the standard operational procedure, hence, recovery is not their responsibility. Generally, doctors often overcome such problems. As a result, society considers doctors untouchables. In this paper, the issue raised in the case of decision Number 1315 / K / PDT / 2019 is whether the therapeutic agreement can provide protection to patients and how the judge considers in cases of acts against the law on the therapeutic agreement. Using normative law research method, this study concludes that therapeutic agreement cannot protect patients without agreement about recovery or result, but about the right effort to heal patients. The result show a therapeutic agreement cannot provide legal protection if it refers to the object of the patient's recovery rather than appropriate efforts for the patient's recovery because the therapeutic agreement has special characteristics and features.