TINJAUAN YURIDIS TERHADAP MALPRAKTIK YANG DILAKUKAN OLEH PERAWAT PADA RUMAH SAKIT SWASTA (ANALISIS DARI PERSPEKTIF HUKUM PERDATA)
ABSTRACT: In the case of
demage which often suffer by patient consequenced the mistake and/or failure by
healthy persons (especially nurse) because didn’t do their practice based on
profesion of standard, at this moment the society has been knowed and has
consciousness completely towards law in occur. So, if healthy of service which
the patients received not optimal even appeared the bad condition or has bee
happened malpractice, the society would proposed claim to healthy service and
healthy persons who worked in becaused of demage. More the malpractice case
doing by nurse, claimed responsibility of law on their action. The purpose from
written this scripsion are; The first, The Responsibility of Private A Nurse of
The Private Hospital Who Done Malpractice To Patient, The Second, The Eforts of
Law Which Done by Patient Towards ANurse Done Malpractice. The conclusion are,
The first, the responsibility of private a nurse of private on malpractice done
towards the patient is submit to contract agreement between a nurse and the
hospital, which based on Pasal 1601 jo. 1601a KUHPerdata. If in contract agreementwhich
made between the nurse with the private hospital said certainly if the nurse
responsibility according to law based on the mistake consequenced by doing
them, so the nurse should responsibility to paid that demage, based on Pasal
1365 jo. 1366 KUHPerdata, and Pasal 58 ayat (1) Undang-undang Kesehatan. The
second, the patient could do the eforts of law, like litigation and non
litigation. Writter suggest, The first, the government should made regulation
shelf whichregulated about malpractice doing by healthy persons (included
nurse), so that there is umbrellaof law especially about malpractice. The
second, Undang-undang Keperawatan need to revision becaused nothing regulated
about responsibility of nurse if they do the malpractice. Law Enforcer so that
interpretation to used private punishment which included Kitab Undang-Undang Hukum
Perdata as one of instrument of law which still occured in Indonesia untill
this moment.
Penulis: Shinta Permata Sari
Kode Jurnal: jphukumdd151347
