The doctor's responsibility for the patient's claim for compensation for Malpracticen

Abstract

Abstract
Therapeutic agreement is an agreement that is formed because of the legal relationship between the doctor and the patient, namely the relationship between legal subjects and legal objects. If in medical treatment there is an error that causes a loss then the patient has the right to demand compensation. as stipulated in Article 1365 of the Civil Code. Problem Formulation 1. How is the doctor responsible for the patient's compensation claim for malpractice? 2. What is the judge's consideration in applying the amount of compensation the patient has for malpractice? The type of data research used is normative juridical. The data used includes primary, secondary, and document study techniques. The data collected was analyzed qualitatively. Results of the study 1. a doctor can be held accountable civilly in the case of the action of a doctor to commit a legal action related to medical actions inherent in his profession. 2. Based on the consideration of the judge on the decision of the case Number 281 / Pdt.G / 2012 / PN.bdg. which accused Defendants I and Defendant II of being proven to have committed an unlawful act by destroying the plaintiff's medical record without the plaintiff's knowledge / permission. Judge's consideration of the case decision Number 515 PK / Pdt / 2011 stated that the action of the PK / defendant was proven to have committed an unlawful act because of a diagnostic error in Pathology Anatomy of the patient.
Keywords : Responsible, Doctor, compensation, Malpractice.