PERTANGGUNGJAWABAN HUKUM DOKTER SPESIALIS KANDUNGAN DAN KEBIDANAN DALAM KASUS PASIEN DENGAN KELAINAN KONGENITAL

SETIAJI, SIGIT (2018) PERTANGGUNGJAWABAN HUKUM DOKTER SPESIALIS KANDUNGAN DAN KEBIDANAN DALAM KASUS PASIEN DENGAN KELAINAN KONGENITAL. Masters thesis, Universitas Sebelas Maret.

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    Abstract

    This research discusses the legal liability of obstetricians and gynecologist in the case of patients with congenital abnormalities. Legislation that has not provided a definition of medical risks and medical malpractice is increasingly wide open the interpretation space so it has not guaranteed legal certainty for obstetricians and gynecologist in doing medical treatment. This research is a presciptive legal research with a law approach, and a conceptual approach. The technique of collecting the legal material used is literature study. The technique of analysis of legal materials used is the method of deduction. The results of this study indicate that conceptually congenital abnormalities are naturally suffered by patients and included in medical risk that is not a medical malpractice. There are three domains of legal liability of the medical profession to his medical practice: First, the domain of administrative law; Second, the domain of civil law; and Third, the domain of criminal law. Nothing is appropriate to apply in the case of patients with congenital abnormalities. There is no causal relationship between congenital abnormalities suffered by patients with medical treatment performed by obstetricians and gynecologist. This research recommends the addition of medical risk and medical malpractice formula to the regulation in order to guarantee legal certainty for obstetrician and gynecologist in doing medical treatent. In addition, the obstetrician and gynecologist should be able to explain to the patient about the medical treatment and medical risks in order to avoid misunderstanding in the future. Keywords: obstetrician and gynecologist, patients with congenital abnormalities, physician, legal certainty

    Item Type: Thesis (Masters)
    Subjects: K Law > K Law (General)
    Divisions: Pascasarjana > Magister
    Pascasarjana > Magister > Ilmu Hukum - S2
    Depositing User: Zainur Rohman
    Date Deposited: 10 Apr 2018 15:51
    Last Modified: 10 Apr 2018 15:51
    URI: https://eprints.uns.ac.id/id/eprint/40714

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