Legal Study Of Hospital Liability On The Loss Of Patient Due To Medical Negligence In Informed Consent Cases

Abstract

This legal analysis aims to find out hospital liability for medical actions that cause harm to therapeutic patient. This prescriptive normative legal research employs statute approach. Primary and secondary legal materials collected through literature study are analysed using deduction technique, analysis to draw conclusions from general to specific things. Employment relationship between hospital and its medical personnel is based on laws and regulations as follows: Law Number 29 of 2004 on Medical Practice, Law Number 44/ 2009 on Hospital, Law Number 36 of 2014 on Healthcare Worker, Law Number 13 of 2003 on Manpower, and Hospital Code of Conduct. Employment relationship between hospital and its medical personnel determines hospital’s liability. Hospital is in charge of negligent treatment of medical personnel that cause harm to patient as mentioned in Article 1367 of Indonesian Civil Code and Article 46 of Law Number 44 of 2009 on Hospital.