Legal Protection for Doctors who carry out medical action that Results in Patient Death
DOI:
https://doi.org/10.31305/rrijm.2026.v11.n01.012Keywords:
Legal Protection, Doctors, Medical ServicesAbstract
Medical services provided by health workers, especially doctors in hospitals, do not always provide the results desired by all parties. Sometimes the actions taken by doctors result in the patient's illness getting worse, the patient being disabled for life, or even the patient dying. Doctors as legal subjects have responsibility for every action they do, if the action turns out to be detrimental to the patient, then the doctor cannot argue that the action is not his responsibility, however, if the doctor has made every effort in the form of medical actions that have been determined in accordance with his expertise and code of ethics, then the doctor must also be legally protected for the actions taken against his patient. In this thesis, the author poses two problems, namely: 1) What is the form of criminal responsibility of doctors to patients for medical actions they perform? 2) What is the legal protection for doctors who perform medical actions that result in the death of a patient? To find the answers proposed in the problem formulation, the author employed a normative research method. The approaches employed in this research included the legal principles and doctrines approach, as well as the statutory approach. The results of the study show that a doctor's criminal responsibility towards his patient will arise when the medical action carried out is a criminal act in the form of a crime, whether intentional or negligent or negligent, where the elements have been fulfilled and legal protection for doctors who carry out medical actions on their patients which result in the patient's death is based on the provisions contained in the provisions of Law Number 36 of 2009 concerning Health Article 27 paragraph (1) which reads and the provisions of Article 29. This protection has been inherently inherent and is passive, will form its protection actively after there is a reaction that touches the values of professional ethics and the doctor's actions which are considered to be anti-procedural actions or there are criminal elements in them.
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