TINJAUAN YURIDIS TERHADAP MALPRAKTIK YANG DILAKUKAN OLEH PERAWAT PADA RUMAH SAKIT SWASTA (ANALISIS DARI PERSPEKTIF HUKUM PERDATA)

Abstract

In the case of demage which often suffer by

patient consequenced the mistake and/or
failure by healthy persons (especially nurse) because didn’t do their practice based on profesion
of standard, at this moment the society has been knowed and has consciousness completely
towards law in occur. So, if healthy of service which the patients received not optimal even
appeared the bad condition or has bee happened malpractice, the society would proposed claim
to healthy service and healthy persons who worked in becaused of demage. More the malpractice
case doing by nurse, claimed responsibility of law on their action. The purpose from written this
scripsion are; The first, The Responsibility of Private A Nurse of The Private Hospital Who
Done Malpractice To Patient, The Second, The Eforts of Law Which Done by Patient Towards A
Nurse Done Malpractice. The conclusion are, The first, the responsibility of private a nurse of
private on malpractice done towards the patient is submit to contract agreement between a nurse
and the hospital, which based on Pasal 1601 jo. 1601a KUHPerdata. If in contract agreement
which made between the nurse with the private hospital said certainly if the nurse responsibility
according to law based on the mistake consequenced by doing them, so the nurse should
responsibility to paid that demage, based on Pasal 1365 jo. 1366 KUHPerdata, and Pasal 58 ayat
(1) Undang-undang Kesehatan. The second, the patient could do the eforts of law, like litigation
and non litigation. Writter suggest, The first, the government should made regulation shelf which
regulated about malpractice doing by healthy persons (included nurse), so that there is umbrella
of law especially about malpractice. The second, Undang-undang Keperawatan need to revision
becaused nothing regulated about responsibility of nurse if they do the malpractice. Law
Enforcer so that interpretation to used private punishment which included Kitab Undang-Undang
Hukum Perdata as one of instrument of law which still occured in Indonesia untill this moment.

Key words: Malpractice – Nurse – Demage – Responsibility of Private – The Private Hospital