Evidence in Medical Civil Lawsuit Cases: Legal Perspectives and Practical Challenges in Medical Dispute Resolution

Abstract

This study aims to analyze the evidence in medical civil lawsuit cases in Indonesia using a qualitative descriptive method based on literature studies. The study material includes laws and regulations, court decisions, MKDKI decisions, and relevant legal and medical literature. The results of the study show that the principle of actori incumbit probatio remains the basis for proof, but its implementation faces obstacles to access to evidence controlled by the medical community, thus reducing the balance of evidence. Medical records and expert testimony were identified as the main evidence with high probative value, while the MKDKI verdict served as preliminary evidence that strengthened the juridical-scientific assessment. The main obstacles include limited access to medical records, differences in interpretations of the concept of "negligence" between law and medicine, and weak inter-institutional synergy. The recommendations proposed include strengthening regulations on access to medical records, increasing the capacity of judges through legal medical education, and regulating the reversal of the burden of proof in a limited manner to realize substantial justice.