Reconstruction of Criminal Design Based on Strict Liability Theory for Hospitals in Cases of Medical Malpractice Against Patients

Abstract

Cases of malpractice by medical personnel or healthcare workers in Indonesia occur due to several aspects, namely the lack of doctor experience, limited medical equipment, and minimal hospital supervision. Malpractice can have fatal consequences, including permanent disability or death, with many cases going unreported due to the low public awareness of patient rights. This research aims to analyze the reconstruction of regulations on the imposition of criminal sanctions on hospitals in cases of malpractice by medical personnel or healthcare workers that can infringe on patients' rights. This research is a normative legal study emphasizing a conceptual and legislative approach. The research findings emphasize that to enhance patient protection and hospital accountability, it is recommended to apply the concept of strict liability to hospitals in malpractice cases. With strict liability, hospitals are responsible for losses caused by medical negligence without needing to prove the hospital's fault. This concept is expected to improve service standards and reduce the risk of malpractice. A revision of Article 440 of the Health Law is needed to regulate criminal sanctions for hospitals involved in malpractice, emphasizing the application of strict liability, where the hospital must prove that the malpractice was not the fault of the hospital.