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Legal malpractice and insurer response

The absence of strict parameters of the code violations and violations of the act in the patient's physician is, indicates the need for a legal right applied in solving the problems of medical, that can only be gained by trying to understand the phenomena that exist within the medical profession.

Medicine who once seemed beyond the reach of law, with growing public awareness of the needs of the treatment of legal protection to make the world not only as a civil relationship, often develop into criminal matters. Many of the problems we have encountered malpractice, on the patient's awareness of the law appointed criminal matters. Based on this required some thought and prudent steps so that each party both doctors and patients obtain legal protection fairest – fair. Leaving this question will be protracted negative impact on medical services that will ultimately be detrimental to society as a whole. It is recognized by all parties, that doctors are human beings that one day could be wrong and negligent violations of the code of ethics that can occur, even possible to violations of legal norms. Soerjono Soekanto and Kartono Muhammad found no strict parameters on boundary violations of the code of ethics and legal violations.

Honorary Council of Medical Ethics is an agency within the organizational structure of the Indonesian Doctors profession (IDI). MKEK will determine the case merpuakan ethics violations or violations of the law. It is also reinforced by the Law No.. 23/1992 health which states that the determination of whether there is any error or omission is determined by the Disciplinary Council of Health Workers,id (Article 54 Signs 2) formally established through Presidential Decree (Article 54 Signs 3).


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