EKO PUJIYONO, 090710296 M (2010) PEMBUKTIAN KESALAHAN DALAM MALPRAKTEK MEDIS BERDASARKAN STANDARD PROFESI DAN STANDARD OPERATING PROCEDURE. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The relationship between doctor and patient create the rights and the obligations among of them. It is not merely caused by medical contract but it is also caused by statute. The pattern of legal relation doctor and patient is based on the relation legal subject that’s provided in medical contract. In several case, The doctor don’t be directly as a medical service supplier but they just be a medical employer from the hospital. The legal relationship doctor and patient will impact to the doctor liability. The doctor liability will be arise while medical malpractice occurs. If medical malpractice create a damage, the patient has a compensation rights to the doctor. The successfully of compensation in medical malpractice is depends on the proven process. The plaintiff must proof a tort that occur in the medical malpractice. A tort must be categorized extensively that has a relating with a breach of contract and unlawful act. A tort liability consist a negligence element in the relationship between doctor and patient. A negligence proof will impact a compensation to the patient. It is not easy to prove a negligence. We must consider standard profession and standard operating procedure as main element to prove a negligence.

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