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ISSN 2063-5346
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LEGAL PROTECTION FOR MEDICAL PRACTITIONER DUE TO DISHONEST PATIENT STATEMENTS

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Denny Tri Wulandari, Sabir Alwy, A. Arsunan Arsin
» doi: 10.31838/ecb/2023.12.5.464

Abstract

Providing dishonest information by patients will have an impact on medical personnel in the form of misdiagnosis which results in malpractice and disease transmission if the patient has an infectious disease. This study aims to analyze the legal consequences for medical personnel and forms of legal protection from dishonest patient statements. Normative research uses a conceptual and statutory approach using primary, secondary and tertiary legal material data as well as the results of interviews as supporting data with data analysis. prescriptive and qualitative. Conceptually, the relationship between medical staff and patients still uses the Civil Code as a template even though there is already a law on medical practice. The legal consequence of this problem is that the medical staff is not responsible for the losses received by the patient due to the patient's own negligence (contributory negligence) thereby eliminating sanctions in the form of compensation, cancellation of agreements, defaults, acts against the law, termination of the agreement due to lapse of time, namely 25 years. Legal protection for medical personnel is the formulation of the right of medical personnel to obtain honest information from patients and the patient's obligation to provide honest information to medical personnel is legal certainty, guarantees of protection for medical personnel against work risks in the form of legal assistance, guarantees of occupational safety and health (K3), JKK and JKM

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