Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)

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Analysis of Therapeutic Relationships as a Means of Legal Protection for Patients and Doctors

Authors
Kiky Zakiyah Gadri1, *
1Law Study Program, Nusa Putra University, Sukabumi, West Java, Indonesia
*Corresponding author. Email: kikyzakiyahgadry@gmail.com
Corresponding Author
Kiky Zakiyah Gadri
Available Online 30 August 2024.
DOI
10.2991/978-2-38476-279-8_12How to use a DOI?
Keywords
Doctor; Patient; Legal Relations
Abstract

A therapeutic transaction is an agreement between a doctor and a patient that gives authority to the doctor to carry out activities to provide health services to patients based on the expertise and skills possessed by the doctor. The legal relationship in such therapeutic transactions, gives rise to rights and obligations that must be obeyed and carried out by each party. The emergence of rights and obligations as a result of the legal relationship between doctors and patients has the potential to trigger disputes between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes that occur, it is necessary to understand the construction of a legal relationship between doctors and patients. It is from this legal relationship that will give birth to legal actions and cause legal consequences. In a legal consequence, the inseparable thing is about who is responsible, to what extent responsibility can be given. This research uses a normative juridical approach method that will be analyzed through data collection, reducing data. The therapeutic transaction positions the position of doctors and patients, on an equal relationship in the hope that it will provide legal protection for the parties, but in reality the norms have not been able to provide legal protection. This happens because there is no regulation for the implementation of therapeutic transactions consistently.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
30 August 2024
ISBN
978-2-38476-279-8
ISSN
2352-5398
DOI
10.2991/978-2-38476-279-8_12How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Kiky Zakiyah Gadri
PY  - 2024
DA  - 2024/08/30
TI  - Analysis of Therapeutic Relationships as a Means of Legal Protection for Patients and Doctors
BT  - Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
PB  - Atlantis Press
SP  - 92
EP  - 102
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-279-8_12
DO  - 10.2991/978-2-38476-279-8_12
ID  - Gadri2024
ER  -