TINJAUAN YURIDIS PERTANGGUNGJAWABAN PIDANA TERHADAP DOKTER DAN RUMAH SAKIT TIDAK MEMBERIKAN INFORMED CONSENT KEPADA PASIEN DALAM HAL TERJADINYA KEMATIAN ATAU LUKA BAGI PASIEN

Abstract

The time of the examination the doctor in the hospital, patients have few rights, one of the
rights of patients who become problems in reality at the moment is the approval of a medical
action (informed consent). In fact, the approval of the medical act is often denigrated by doctors
and their implementation is often not in accordance with the rules in the Act giving rise to
medical disputes. Consent to medical acts also created due to the therapeutic agreements which
give rise to rights and obligations for both parties i.e. the doctor and the patient. Informed
consent or it can be a medical act approval of oral and written consent. It depends from the big
and the small risk of the surgery being performed. In the wake of a dispute between medical
doctors with patients, the hospital also responsible. It is already regulated in Act No. 44 of the
year 2009 About the hospital article 46. Problems in writing how the criminal liability of doctors
and hospitals in case of errors and omissions in the exercise of medical practice. because it can
cause disability. Either permanent disability or temporary disability and even cause death.
The purpose of this research is to analyse the setting and the criminal liability of doctors
and hospitals do not provide informed consent in case of occurrence of death or injuries for the
patient research methods used in this thesis is the normative legal research, legal research that
is done by examining the references or secondary data, can be called a normative or legal
research legal research library. This research uses the methodology of research on legal
principles.
The criminal liability of the doctor must see whether due to negligence or deliberate
action, criminal liability of hospitals only as in negligence, criminal liability and other health
workers should be seen according pelimpahan authority of a doctor. We need a regulation
regarding the criminal liability of doctors, hospitals and health workers. Besides the approval of
the medical act must be run properly because it is the right of the patient, as well as the
application of congruency should the law against criminal acts of malpractice.