Legal Construction and Legal Certainty For Victims Of Medical Neglect in Hospitals

Abstract

The implementation of health services in hospitals does not always go according to expectations, and sometimes it can cause harm to patients due to medical negligence. This medical negligence, often referred to as malpractice, can occur in various forms, whether in diagnosis, treatment, or other medical procedures. This article aims to analyse the construction of legal liability and legal certainty for victims of medical negligence in hospitals. Through a review of existing laws and regulations, such as Law Number 17 Year 2023 on Health, as well as the Civil Code (KUHPer), and the Criminal Code (KUHP), this research explores the mechanisms of legal liability that can be imposed on medical personnel and hospitals. It also identifies obstacles in the enforcement of legal certainty for victims of medical negligence, including the legal procedures that must be followed by victims to obtain compensation or justice.The findings of this study indicate that although the legal system has regulated the mechanism of legal liability, there are still uncertainties in several aspects, such as the standard of proof in medical negligence cases and the role of hospitals as co-responsible institutions. Therefore, it is necessary to reform and strengthen the legal mechanism so that legal certainty for victims can be better guaranteed. This research is expected to contribute to the development of health law, particularly in creating a more transparent liability system and providing optimal protection for patients in hospitals.