ASAS PROPORSIONALITAS DALAM PEMBAYARAN GANTI RUGI MELALUI ASURANSI DALAM KASUS MALPRAKTIK DOKTER
Abstract: In a malpractice
medical insurance context, indemnity obligations of malpractice, particularly
for improper practice performed by medical team, currently only based on overall
team fault, means every physician in the team should bear the compensation
evenly. This scheme is not fair because the physician who did lower degree of
mistakes must bear the compensation as great as the physician with higher
degree of mistakes. That is why proporsional concept, based on the degree of
the mistakes, for indemnity obligations needs to be considered. However, this
scheme will need some instruments that can align the responsibility among the physician in the
team. This instrument then can be used as a basis for determining the degree of
mistakes and further the level of compensation the physician need to bear with.
This research is a normative legal research and using a statue approach, means
legislation as the primary legal materials. In addition, this research also
uses books, articles, and materials from the Internet, as well as direct
interview with the competent parties as a secunder data. The results showed
that because there are no rules governing the law of proporsionality in the
legislation make the degree of mistakes is not used as basis for determining
the compensation’s level. In fact there are instruments that can be used as
basis to determine the degree of mistakes such as Standard Operational
Procedure (SOP) andMedical Professional Standard. It is clear that the
healthcare legislation should include provisions that govern the determination
of the compensation by using proportional approach, in order to align the
responsibility among the parties
Keywords: Malpractice,
Compensation / Indemnity, Insurance
Penulis: Ni Putu Ayu Myra
Gerhana Putri
Kode Jurnal: jphukumdd130332
