Legal Consequences of Malpractice in the Medical World for Medical Personnel

(1) Faculty of Law, Universitas Muhammadiyah Surabaya, Surabaya, Indonesia
(2) Faculty of Law, Universitas Muhammadiyah Surabaya, Surabaya, Indonesia


Abstract
Introduction: This study examines the legal impact of medical accidents and malpractice on medical personnel. Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability. In addition, this incident also has an impact on the reputation of the medical profession and causes fear in health workers in carrying out their duties.
Purposes of the Research: This study analyzes two main issues: the legal impact on the license of medical personnel who are found guilty of malpractice, and legal protection for medical personnel in malpractice cases. In addition, they may also face civil and criminal lawsuits.
Methods of the Research: Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability. In addition, This study examines the legal impact of medical accidents and malpractice on medical personnel. Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability.
Results Main Findings of the Research: Education that focuses on improving legal and public health literacy is an urgent solution to reduce the number of inaccurate lawsuits and strengthen the relationship of mutual trust between the community and medical personnel.Keywords
DOI
10.47268/pamali.v5i2.3218
Published
2025-07-31
How To Cite
@article{pamali3218, author = {Encek Wardhana and Al Sulistyo}, title = {Legal Consequences of Malpractice in the Medical World for Medical Personnel}, journal = {PAMALI: Pattimura Magister Law Review}, volume = {5}, number = {2}, year = {2025}, keywords = {Medical Accidents; Malpractice; Medical Personnel; Medical Risks.}, abstract = {Introduction: This study examines the legal impact of medical accidents and malpractice on medical personnel. Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability. In addition, this incident also has an impact on the reputation of the medical profession and causes fear in health workers in carrying out their duties.Purposes of the Research: This study analyzes two main issues: the legal impact on the license of medical personnel who are found guilty of malpractice, and legal protection for medical personnel in malpractice cases. In addition, they may also face civil and criminal lawsuits.Methods of the Research: Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability. In addition, This study examines the legal impact of medical accidents and malpractice on medical personnel. Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability.Results Main Findings of the Research: Education that focuses on improving legal and public health literacy is an urgent solution to reduce the number of inaccurate lawsuits and strengthen the relationship of mutual trust between the community and medical personnel.}, issn = {2775-5649}, pages = {330--344} doi = {10.47268/pamali.v5i2.3218}, url = {https://fhukum.unpatti.ac.id/jurnal/pamali/article/view/3218} }
Dony Irawan, Anang, Al Qodar, and Purwo Sulistyo. 2022. “The Impact of the Pandemic in Creating Socio-Economic Inequality Between State Officials and the Community.” Journal of Citizenship Virtues 2022 (1): 251–62.
Flora, Sylva Tarigan, Suma, Juwita. 2023. “Socialization of Increasing Health Law Knowledge to Prevent Malpractice for Millennials.” Journal of Community Service of Pharmacy: Pharmacare SocietyVolume 2 (E-ISSN: 2829-5064).
Hariri, Achmad, Samsul Arifin, and Satria Unggul Wicaksana Prakasa. 2022. “Protection and Compliance of Human Rights of Residents Affected by the Semeru Eruption.” ACLJ 3: 2022.
Kurmaliasari, Agnesia, Efrin Susanti, Elsa Puspita, and Bunga Sari. 2024. “The Law of Excelence Dynamics of Medical Malpractice Cases Reviewed from the Perspective of Health Law.” Vol. 06. https://journalpedia.com/1/index.php/hde/index.
Munthe, Supriati, Reni Agustina Harahap, Riantania Sinaga, and Fauji Ariansyah Sitorus. 2024. “Literature Analysis on Legal Protection for Patients as Victims of Midwifery Malpractice in Indonesia.” Jurnal Kesehatan Unggul Gemilang. Vol. 8.
Nurcahyani, Meiliana, and Anang Dony Irawan. 2022. “Protection of Children Involved in Online Prostitution Cases in Terms of Law of Children Protection.” ILREJ 2 (2). doi:10.24114/jas.v17i2.22493.
Pamungkas, Tareq Jati, and Achmad Hariri. 2022. “State Responsibility in Fulfilling Social Security from a Welfare State Perspective.” Media of Law and Sharia 3 (4). Muhammadiyah University of Yogyakarta: 270–83. doi:10.18196/mls.v3i4.15198
Qodar, Al, Purwo Sulistyo, and Kaharudin Putra Samudra. 2020. “The Role of The State Constitution in Monitoring the Revival of Citizens' Lives After the Covid-19 Virus Outbreak.” https://juridiksiam.unram.ac.id/index.php/juridiksiam.
Rizqi, Alifa, and Fajriani1 Muridah Isnawati. 2022. “Criminal Supervision of Children in Conflict with the Law in the Criminal System in Indonesia.”
Shalsabila, Devi. 2022. “Final Assignment on The Evidential Strength of Medical Records as Evidence in Criminal Cases.”
Sulaiman, Sumirahayu, Soni Fino Bahari, Denny Achsanul Hak, Tunjung Laksono Utomo, Heri Budianto, and Keywords. 2024. “Legal Consequences of Malpractice in Medicine Research Article.” Collaborative Journal of Science 7 (6): 2194–99. doi:10.56338/jks.v7i6.5546.
Agustina, Reni Harahap, SST., MKes. 2021. “The Book of Health Ethics and Law.”
Agustina, Zola, Achmad Hariri Muhammadiyah University of Surabaya Jl Raya Sutorejo, Dukuh Sutorejo, Surabaya City, and East Java. 2022a. “Criminal Liability for Negligence in Diagnosis by Doctors Resulting in Death of Children in the Womb.” IBLAM Law Review. Vol. 2.
Ardianto, Ari, and Achmad Hariri. 2021. “Legal Protection for Abortion of Rape Victims Reviewed from National Law.” Media of Law and Sharia 2 (3). Muhammadiyah University of Yogyakarta: 218–37. doi:10.18196/mls.v2i3.11535.
Bickenbach, Jerome. 2022. “Legal Protection for Medical Personnel and in Emergency Measures.” In Handbook of the Philosophy of Medicine, 1–14. Springer Netherlands. doi:10.1007/978-94-017-8706-2_48-1.
Depera Senja Belantara, Mega Orceka. 2024. “Obligation of Practice License for Doctors in Health Based on Law 17 Of 2023 Concerning Health.”
Ervin, Andi, Novara Jaya, Mulyadi A Tajuddin, Zegovia Parera, Nurul Widhanita, Y Badilla, and Rudini Hasyim Rado. 2022. “Legal Protection of the Doctoral Profession in Dealing with Medical Disputes.” Journal of Yustisia Communication, Ganesha University of Education, Department of Law and Citizenship. Vol. 5.
Hasanuddin, Asni, SKM., Kes. 2023. “Professional Ethics and Health Behavioral Science.” Jatinangor, Sumedang Regency, West Java 45363.
Isnawati, Muridah, and Fety Khosianah. 2022. “Legal Counseling: For Students of Muhammadiyah 7 High School Surabaya in Preventing Protection Against Sexual Harassment and Violence Against Adolescents.” Borobudur Journal on Legal Services 3 (1). Muhammadiyah University of Magelang: 8–15. doi:10.31603/bjls.v3i1.7428.
Khidri Alwi, Muh. “Professional Ethics and Health Behavioral Science,” 2022.
Lajar, Julius Roland, Anak Agung Sagung, Laksmi Dewi, I Made, and Minggu Widyantara. 2020. “Legal Consequences of Malpractice Committed by Medical Personnel.”
Novira, Maya. 2022. “Legal Protection for Consumers Over Fried Food Shortage Reviewed from Law Number 8 1999 Concerning Consumer Protection.”
Nur Solikin, Dr. H. 2021. Introduction to Legal Research Methodology. Vol. 1. Pasuruan, East Java: Qiara Media Publisher IKAPI Publisher No. 237/JTI/2019. www.google.com
Perdoski. 2017. “The Guidebook of Compliance with Ethics and Discipline of The Medical Profession.”
Purwo, Al Qodar. 2020. “Protection of The Civilian Population as The Implementation of The Principle of Discrimination.”
Putra, Tri. 2024. “Medical Risks in Civil Legal Responsibility in Hospitals According to Health Law Perspective Thesis.”
Putra Simamora, Tri, Sonya Airini Batubara, Indra Efrianto, Robinson Sitorus, Sekip Street, Seikambing Intersection, and North Sumatra. 2020. “Legal Protection for Patients in Medical Services in Public Hospitals.”
Senja Belahtera, Mega Orceka Depera. 2024. “Obligation of Practice License for Doctors in Health Services Based on Law Number 17 Of 2023 Concerning Health.”
Unggul Wicaksana Prakasa, Satria, Sagung Ngurah Indradewi, and Al-Qodar Purwo. 2021. “Analysis of Universal Health Coverage Principles for Indonesian Peoples During the Covid-19 Pandemic.”
Unggul Wicaksana Prakasa, Satria, Lilik Puja Rahayu, Mualimin Mochammad Sahid, and Asri Wijayanti. 2022. “Responsibility of States for the COVID-19 Pandemic: International Law Review” 13 (2): 158–70.
Wiwik, IA, and Sri Widiarty. 2024. “Legal Research Methods Textbook.”Dublin Core | PKP Metadata Items | Metadata for this Document | |
1. | Title | Title of document | Legal Consequences of Malpractice in the Medical World for Medical Personnel |
2. | Creator | Author's name, affiliation, country | Encek Muhammad Rizky Kusuma Wardhana; Faculty of Law, Universitas Muhammadiyah Surabaya, Surabaya; Indonesia |
2. | Creator | Author's name, affiliation, country |
Al Qodar Purwo Sulistyo; Faculty of Law, Universitas Muhammadiyah Surabaya, Surabaya; Indonesia ![]() |
3. | Subject | Discipline(s) | |
3. | Subject | Keyword(s) | Medical Accidents; Malpractice; Medical Personnel; Medical Risks. |
4. | Description | Abstract | Introduction: This study examines the legal impact of medical accidents and malpractice on medical personnel. Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability. In addition, this incident also has an impact on the reputation of the medical profession and causes fear in health workers in carrying out their duties.Purposes of the Research: This study analyzes two main issues: the legal impact on the license of medical personnel who are found guilty of malpractice, and legal protection for medical personnel in malpractice cases. In addition, they may also face civil and criminal lawsuits.Methods of the Research: Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability. In addition, This study examines the legal impact of medical accidents and malpractice on medical personnel. Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability.Results Main Findings of the Research: Education that focuses on improving legal and public health literacy is an urgent solution to reduce the number of inaccurate lawsuits and strengthen the relationship of mutual trust between the community and medical personnel. |
5. | Publisher | Organizing agency, location | Postgraduate Program in Law, Pattimura University |
6. | Contributor | Sponsor(s) | |
7. | Date | (YYYY-MM-DD) | 2025-07-31 |
8. | Type | Status & genre | Peer-reviewed Article |
8. | Type | Type | |
9. | Format | File format | |
10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/pamali/article/view/3218 |
10. | Identifier | Digital Object Identifier | 10.47268/pamali.v5i2.3218 |
11. | Source | Title; vol., no. (year) | PAMALI: Pattimura Magister Law Review; Vol 5, No 2 (2025): JULY |
12. | Language | English=en | en |
13. | Relation | Supp. Files | |
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