TINJAUAN YURIDIS TERHADAP RISIKO MEDIS PADA TRANSAKSI TERAPEUTIK (Pendekatan Kasus Tentang Putusan Mahkamah Agung Nomor 79 Pk/Pid/2013)

Yantony Wijaya

Abstract


In the health care provided by a doctor to the patient is always faced with a wide
range of medical risks that accompany it, either at the time of diagnostic measures and therapeutic, recipient community health services are harmed would be considered the failure to deal therapeutic is negligence / fault of the doctor, and regard it as a medical criminal acts that must be resolved through legal channels. This study aims to determine the risk of legal liability against medical doctors in performing therapeutic transactions and to determine the role of the Indonesian Medical Disciplinary Honorary Council in the process of criminal investigation medical.This research is in the form of normative, analytical and descriptive. Source data used are secondary data, secondary data consists of legislation, literature and official documents relating to the subject matter The emergence of a result of the medical risks in therapeutic transaction can not be accountable to your doctor or health care provider if there is no element of fault or negligence. Decisions resulting from the Assembly Examiner Discipline (AED) can assist the task of investigators, since it can be used as an evidence in the investigation process in the police on criminal case of medical audited by MKDKI, because in the process of establishing such decision can be said to have in common the verification procedure under the Code of Criminal procedure.

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DOI: https://doi.org/10.20884/1.jih.2018.4.1.94

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