The Obligations of Medical Personnel in Providing Assistance to Emergency Patients are Reviewed From the Perspective of Health Law

Abstract

Patients in an emergency need immediate, appropriate, and professional medical attention to prevent disability, complications, and death. In these conditions, medical personnel not only have professional obligations, but also legal obligations to provide help according to competence, professional standards, service standards, and the provisions of laws and regulations. However, in the practice of health services, there can still be refusals, delays, or no assistance to emergency patients. This condition raises legal issues regarding the protection of patients' rights and the limits of the liability of medical personnel if the obligation to provide assistance is not carried out. This study aims to analyze the obligations of medical personnel in providing assistance to emergency patients, analyze the form of legal protection for patients, and examine the legal consequences if these obligations are not carried out. This study uses a normative legal research method with a statute approach, a conceptual approach, and a case approach. Legal materials are analyzed qualitatively and juridically by examining the relationship between health law provisions, medical personnel's obligations, patients' rights, and legal responsibility. The results of the study show that the obligation of medical personnel in providing assistance to emergency patients is a professional obligation as well as a legal obligation that must be carried out by prioritizing patient safety. However, the limits of legal obligations and responsibilities must be assessed based on the competence of medical personnel, patient conditions, professional standards, service standards, operational procedures, and objective circumstances at the time of service provided. Failure to provide help or delay in service can cause legal consequences if it is proven that there is a breach of duty, negligence or error, as well as a causal relationship with the patient's loss. Therefore, it is necessary to apply the law that provides optimal protection to patients as well as legal certainty for medical personnel in carrying out their professional duties.