Legal Position and Role of Hospital Management in Non-Litigation Dispute Resolution in Hospital

Abstract

The legal relationship between medical personnel and patients in carrying out their services as health workers is often experienced through incidents where health workers intentionally or unintentionally ignore patient rights until a problem or dispute arises. Medical malpractice is an action carried out by health workers regarding evil practices or not in the case of not meeting a standard that has been initially determined by the profession. Regulations regarding the resolution of medical disputes through non-litigation are regulated in Article 310 of Law Number 17 of 2023 which encourages the peaceful and family resolution of medical problems through mediation/arbitration institutions before proceeding to court, in order to protect all parties and achieve justice so that it needs to be studied. Therefore, to implement the established legal basis, legal experts are needed to carry out their profession. Government Regulations No. 47 of 2021 CHAPTER III Hospital Obligations Article 27 paragraph (1) point r mandates that "prepare and implement internal Hospital regulations". This means that the Law has mandated Hospital Management to create and establish its own rules regarding dispute resolution if a medical dispute occurs in the future. The research method used in this study is a normative juridical method, which is conducted through library research, often referred to as secondary data in the form of positive law. The results of this discussion indicate that hospital management requires a health council to establish a mechanism for resolving medical disputes, the initial stage of which is mediation. This is an excellent and structured alternative for resolving problems.