Year: 2024 | Month: February | Volume: 11 | Issue: 2 | Pages: 411-419
DOI: https://doi.org/10.52403/ijrr.20240244
Legal Protection Analysis for Doctors and Patients Regarding Alleged Diagnosis Errors in Telemedicine Healthcare Services in Indonesia
Rachmah Ubat Harahap1, Siti Nurhayati2, Bambang Fitrianto3
1,2,3Master's Program in Health Law, Universitas Pembangunan Panca Budi, Medan, Indonesia.
Corresponding Author: Rachmah Ubat Harahap
ABSTRACT
One of the advancements in the field of healthcare aimed at improving the quality of healthcare services is telemedicine. With numerous cases in healthcare services, such as diagnostic errors, there is a need for legal protection for both doctors and patients as legal subjects in telemedicine healthcare services. The aim of this research is to understand the juridical overview of telemedicine healthcare services and the legal protection for doctors and patients. The research method used in this study is normative juridical research type and the statute approach (legislation) and legal sources used are primary legal materials in the form of legislation related to Health and secondary and tertiary legal materials in the form of journals, books, and other media. The results of this research indicate that patients affected by diagnostic errors can file complaints to the Indonesian Medical Disciplinary Board or seek compensation through non-litigation processes. Law Number 17 of 2023 concerning Health does not explicitly regulate legal protection for doctors and patients in telemedicine services. Article 172 only stipulates the administration and qualified medical personnel in telemedicine services. Government regulations are expected to further regulate this matter as implementing regulations. In cases of diagnostic errors that harm patients, resolution is usually done outside the courts through non-litigation alternatives. Patients can file complaints to the Indonesian Medical Disciplinary Board. Furthermore, patients can also settle losses according to the Health Law, both through non-litigation and litigation means.
Keywords: Legal Protection, Doctors, Patients, Telemedicine
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