Hospital Legal Responsibility for Medical Errors in Emergency Services Prem Guray
Doctor of Law, Bandung Islamic University, Bandung, Indonesia
Abstract
Abstract.This study examines the legal liability of hospitals for medical errors in emergency care (ER) in Indonesia, particularly in the context of the implementation of Law Number 17 of 2023 concerning Health and its implementing regulations. Hospitals, as public service institutions, are obligated to provide emergency services quickly, accurately, and without discrimination to patients in life-threatening conditions. However, in practice, cases of delayed service, patient refusal, and misdiagnosis with fatal consequences are common, raising questions regarding hospitals^ legal liability, both criminally, civilly, and administratively.
This study uses a juridical-normative approach based on a literature review of laws and regulations, legal doctrine, and actual cases in Indonesia. The results of the study indicate that although the legal framework explicitly regulates hospital liability for medical errors, its implementation still faces various obstacles, ranging from low legal literacy among medical personnel and patients, a weak incident reporting system, to inconsistent law enforcement. To address this, it is necessary to strengthen the risk management system, provide health law training for medical personnel, empower the Professional Disciplinary Council, and ensure strict government oversight. This study emphasizes the importance of building an emergency care system that is not only clinically responsive but also legally accountable. By strengthening legal responsibility systematically, it is hoped that emergency care in Indonesia can provide maximum protection for patients and promote a culture of safety and justice in healthcare practices.
Keywords: Legal Liability, Hospitals, Medical Errors
Topic: Law and Ethics in Terms of Islamic Perspective
