Year: 2026
Type: article
Abstract: Quality health services are a constitutional right, yet rising legal awareness has increased the potential for medical disputes in private hospitals. The enactment of Law Number 17 of 2023 concerning Health brings a paradigm shift in regulating the civil liability of health service facilities. This study aims to analyze the legal construction of private hospital civil liability and its implementation at AT-TIN Hospital. The method used is empirical juridical research with statutory and case approaches, through in-depth interviews with management and medical committees as well as document observation. The results show that Law No. 17 of 2023 reinforces the principle of vicarious liability of hospitals for medical personnel actions, while providing room for proof for hospitals that have met service standards. At AT-TIN Hospital, the implementation of civil liability is realized through strengthening informed consent procedures, digitalization of electronic medical records, and optimization of internal mediation as legal risk mitigation efforts. The implication of this study is that private hospitals need to transform into proactive entities in risk management to protect patients while maintaining operational sustainability. In conclusion, the integration of regulatory compliance and good hospital governance is the key to minimizing civil lawsuits in the post-Omnibus Law on Health era.
Authors: Rifki Rifki, Asih Prasetyowati
Language: English
Subfield: Pharmacy
Field: Health Professions
Domain: Health Sciences
Open Access status: diamond
OpenAlex ID: W7225090261