MIDWIFE LIABILITY FOR MEDICAL MALPRACTIC ACTION REVIEWED FROM CIVIL LEGAL ASPECTS
Rosnida, AhmadiMiru, SabirAlwy, OkyDevianyBurhamzah

Universitas Hasanuddin

Abstract

This study describes the actions of midwives that fulfill elements of illegal acts in medical malpractice and how the accountability of midwives in acts of medical malpractice is seen from the perspective of civil law. The purpose of this research was carried out in order to protect midwives from illegal actions in carrying out medical actions.

The research method used is normative research using a statutory approach (statue approach).

The results of the research analysis show that the legal responsibility of midwives in civil malpractice is in the form of violations of the provisions of Article 1365 of the Civil Code, namely Actions against the law (onrechtmatigedaad), where midwives have committed against the law because their actions are contrary to the principles of decency, thoroughness and heart attitude. -be careful in carrying out their duties. The form of responsibility for actions against the law of medical malpractice based on article 1365 BW is that it can be in the form of material and immaterial compensation, which has a close relationship between errors and losses incurred

Keywords: Accountability, Medical Malpractice, Civil Law

Topic: Human Rights