Pelimpahan Wewenang dan Pertanggungjawaban Hukum Tindakan Kedokteran Kepada Perawat di Rumah Sakit

Abstract

Delegation of authority for medical procedures can only be given in writing by a doctor to a nurse. Therefore, it is necessary to study the legal position of doctors, nurses and patients in hospitals, the appropriate legal mechanism for delegating authority for medical procedures to nurses in hospitals and legal protection for nurses in hospitals as a result of carrying out the delegation of authority from doctors. This research is normative research, and is analytical descriptive in nature which describes and analyzes a phenomenon related to the Delegation of Authority and Legal Accountability for Medical Actions to Nurses in Hospitals. The results of the research, the legal position of doctors, nurses and patients in hospitals where the hospital is a place where patients receive health services, in this case is carried out by medical personnel, specifically doctors and nurses. The doctor is the party who provides treatment to people who need it, namely the patient, where this relationship is a very personal relationship because it is based on the patient's trust in the doctor which is called a therapeutic transaction, while nurses in medical procedures carried out by doctors are tasked with carrying out their duties based on the delegation of authority. regulated by law. The appropriate legal mechanism for delegating authority for medical procedures to nurses in hospitals is carried out in writing and is protected by statutory regulations. Legal protection for nurses in hospitals as a result of carrying out delegation of authority from doctors as stated in Article 32 paragraph (2) of Law no. 38 of 2014 concerning Nursing which is carried out by delegation and mandate. This means that if the authority delegated to the nurse is delegative then the responsibility shifts to the nurse, whereas if the delegation is mandated then the person responsible is the person giving the mandate, in this case the doctor. Regulations should regulate the legal position of nurses in this case, regarding the nurse's responsibilities when receiving the delegation of authority for medical procedures, which are regulated in carrying out the delegation of authority for medical procedures in hospitals. That Law Number 38 of 2014 concerning Nursing does not regulate the details and specific responsibilities of doctors and nurses in medical procedures which are delegated to nurses. The house mechanism should issue written regulations related to the delegation of authority mechanism. A derivative of Law Number 17 of 2023 concerning Health should be immediately issued to clarify the legal accountability mechanism for nurses as regulated in Article 308 of Law Number 17 of 2023 concerning Health.