Legal Responsibility of Nursing Personnel in Performing Medical Procedures under Health Service Standards

Abstract

Medical procedures performed by nursing personnel are essential to continuity of care, yet
disputes may arise when professional authority and the allocation of responsibility are
unclear. This study examines the limits of nurses’ authority, identifies criteria for legal
responsibility arising from medical procedures, and develops a governance framework
consistent with health service standards. Normative legal research is conducted using
statutory and conceptual approaches, focusing on Law No. 17 of 2023 on Health, Government
Regulation No. 28 of 2024, and Minister of Health Regulations Nos. 13 and 3 of 2025. The
findings show that mandates and delegations are subject to distinct rules: under a mandate,
responsibility remains with the mandator, whereas a properly established delegation transfers
responsibility to an eligible recipient under specific conditions. Transfers must be documented
in writing, reflect competence, and fall within services designated by facility leadership. The
article proposes a five-element assessment encompassing legal authority, competence,
standards, supervision and documentation, and proof of fault and causation. An adverse
clinical outcome alone does not establish negligence, and the obligations of nurses,
physicians, and facilities require separate examination.