Application of Res Ipsa Loquitur to the Medical Negligence Case in Patient Protection Perspective

DOI

10.2991/aebmr.k.200513.059How to use a DOI?

Keywords

res ipsa loquitur, medical negligence, Freies Ermessen, substantive justice, legal protection for patients

Abstract

The doctrine of res ipsa loquitur (the things speak for itself) facts that speak for themselves can be applied in cases of medical negligence in court, although this doctrine does not guarantee victory in every case for patients. The formulation of this research problem is: why is the doctrine of res ipsa loquitur applied to doctors and hospitals that commit medical negligence in medical disputes in court? This study uses a normative juridical approach that is qualitative in nature. From the research results obtained: (1) res ipsa loquitur must apply to medical cases, because the patient is treated unfairly, if he is deprived of his right to use the doctrine; (2) res ipsa loquitur will help the injured patient because he has no medical knowledge about what is happening. If a patient is prohibited from using this doctrine it must be seen as unfair discrimination; and (3) res ipsa loquitur can be broadly translated into the highest health standards that can be achieved with reference to the process and results. The Ministry of Health of the Republic of Indonesia in issuing public health policies can implement Freies Ermessen (freedom to act on its own initiative) which is realized through the establishment of the Ministry of Health Regulation of the Republic of Indonesia in an effort to achieve substantive justice in cases of medical negligence by applying res ipsa loquitur to provide legal protection for the patient.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Wukir Prayitno
PY  - 2020
DA  - 2020/05/20
TI  - Application of Res Ipsa Loquitur to the Medical Negligence Case in Patient Protection Perspective
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 292
EP  - 305
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.059
DO  - 10.2991/aebmr.k.200513.059
ID  - Prayitno2020
ER  -