Pertanggung Jawaban Pidana Dan Perdata Dalam Kasus Malpraktik Medis Di Indonesia

Abstract

Medical malpractice is a complex legal issue involving criminal law, civil law, and medical ethics. Medical malpractice cases often cause physical and psychological harm to patients, thereby requiring legal accountability from medical professionals. This research aims to analyze criminal and civil liability in medical malpractice cases and the obstacles in law enforcement. The research method used is normative juridical research with statutory and conceptual approaches. The results indicate that criminal liability in medical malpractice requires the existence of fault in the form of intent or negligence, while civil liability focuses on unlawful acts or breach of contract causing losses to patients. Law enforcement in medical malpractice cases still faces evidentiary difficulties and differences in perspectives between legal and medical professions.
Keywords: Medical Malpractice, Criminal Liability, Civil Liability, Medical Professionals.