Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)

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Mediation as Legal Protection for Doctors in Resolving Death-Case Medical Disputes

Authors
M. Andriady Saidi Nasution1, *, Teguh Prasetyo2, Kartina Pakpahan1, Mulyadi1
1Universitas Prima, Medan City, Indonesia
2Universitas Pelita Harapan, Tangerang, Indonesia
*Corresponding author. Email: mandriadysaidinasution@unprimdn.ac.id
Corresponding Author
M. Andriady Saidi Nasution
Available Online 21 December 2023.
DOI
10.2991/978-2-38476-164-7_48How to use a DOI?
Keywords
Doctors; Patients; Mediation; Died; Medical Dispute
Abstract

Doctors in carrying out their profession focus on providing all the abilities and knowledge they have to realize healing for patients. Because the doctor is a profession, noble values are attached to it, which must always be upheld by the holders of that profession. In Indonesia, all medical actions performed by doctors on patients are included in the realms of law and statutory regulations. When there is a loss suffered by a patient (died) as a result of a medical action performed by a doctor, the doctor is prone to criminalization. Mediation offers positive benefits, amicable dispute settlements and speedy process to affected parties. This research is normative legal research that mediation resolve the dispute and preserves the trust in the doctor-patient relationship. Using a statutory approach and a conceptual approach to produce legal findings to address legal issues in the research. It is hoped that mediation will resolve death-case medical disputes.

Copyright
© 2023 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 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 December 2023
ISBN
978-2-38476-164-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-164-7_48How to use a DOI?
Copyright
© 2023 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  - M. Andriady Saidi Nasution
AU  - Teguh Prasetyo
AU  - Kartina Pakpahan
AU  - Mulyadi
PY  - 2023
DA  - 2023/12/21
TI  - Mediation as Legal Protection for Doctors in Resolving Death-Case Medical Disputes
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 528
EP  - 541
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_48
DO  - 10.2991/978-2-38476-164-7_48
ID  - Nasution2023
ER  -