The Limitation of Hospital Liability in Indonesian Health Law Windy Virdinia Putri (a*), Nanik Prasetyoningsih (b)
(a) Master of Law, Universitas Muhammadiyah Yogyakarta, Bantul, Indonesia
* windy.virdinia.psc22[at]mail.umy.ac.id
(b) Master of Law, Universitas Muhammadiyah Yogyakarta, Bantul, Indonesia
Abstract
1. Introduction
: According to the Hospital Law, as last amended by Health Law, the hospital may be held liable for losses caused exclusively by the negligence of health workers at the hospital. In contrast, according to the concept of civil law, fault in a broad sense includes both negligence and intentional.
2. Purpose
: This research examines the limitations of hospital liability in the Hospital Law as last amended by Health Law.
3. Method
: This research is normative research with legal analysis using statutory and conceptual approach methods.
4. Main Finding
: Hospital liability is not limited according to the theory of fault, implying that liability is based on the Indonesian Civil Code^s principle of an element of fault. In civil law, mistakes encompass both intentional and negligent, the legal consequences are the same, the perpetrator must still pay compensation.
5. Implication
: There is novelty and scientific contribution in this research, especially this related to health law. In the future, it is necessary to conduct a study regarding the reconstruction of articles in the Health Law related to hospital liability.
Keywords: civil liability- hospital liability- medical malpractice- principle based on fault
