Penyelesaian Sengketa Medik antara Dokter dan Pasien di RSU Permata Bunda Medan

Abstract

The medical dispute resolution in health is a part that never be released in health care in Indonesia. Suspicion of malpractice or dissatisfaction with service, expensive health financing, disciplinary service and violation of professional code of ethics is an issue that is often questioned in the resolution of medical disputes in Indonesia. The problems discussed in this thesis research are: First: how to resolve the medical dispute between doctor and patient at Permata Bunda General Hospital Medan?, Second: how is the responsibilities between doctor and patient at Permata Bunda General Hospital Medan?, Third: barriers what happens in the implementation of medical dispute settlement between doctor and patient at Permata Bunda General Hospital Medan? The method used in this study is the normative juridical and empirical juridical reference to the legal principles in the form of conception, norms, rules of law and collecting, finding data and information through case studies on the resolution of medical disputes between doctors and patients at Permata Bunda General Hospita Medan. The nature of this thesis research is descriptive analysis. Technique of collecting data in this thesis research that is collecting of primary data with field study and collecting secondary data is by library study. The conclusion in this thesis research is the resolution of medical disputes between doctors and patients at the Permata Bunda General Hospital Medan in civil law provides an alternative way of providing dispute settlement outside the court. Alternative Dispute Resolution (ADR) or alternative dispute resolution consists of conciliation, negotiation, mediation and arbitration. While the solution between doctor and patient in Permata Bunda General Hospital Medan was filed with lawsuit filed by law as a legal process that wanted to take responsibility for the mistake made. The form of accountability herein follows public accountability, criminal liability and administrative law responsibility. An analysis of cases of dispute resolution between physicians and patients at the Permata Bunda General Hospital Medan is the case of S.H. Siregar and M. Tarigan with the doctors and the Permata Bunda Medan General Hospital Medan that have been completed with the mediation path.