medical personnel

Nando Dwi Kurniawan, Agung Abdul Rahman Wiyono, Azis Setyagama. A legal review of criminal liability in medical malpractice cases in Indonesia

The criminal liability of medical personnel in cases of malpractice is a crucial issue in health law, demanding legal certainty alongside the protection of patient rights and the preservation of professional standards. This paper aims to analyse the concept of criminal liability for medical personnel whose actions performed outside professional standards result in harm to patients. The study focuses on instances of medical malpractice that give rise to criminal legal consequences. The research method used is a normative juridical method with a statutory and conceptual approach. The findings indicate that medical personnel may be held criminally liable if an element of fault whether negligence or intentional misconduct is proven to have caused patient harm or death. This element of fault must be rigorously established by considering professional standards, the causal link between the medical action and the resulting outcome, and expert medical testimony. However, not all medical errors constitute criminal offenses; the application of criminal law to medical personnel must be selective and proportionate to maintain a balance between protecting patients and safeguarding responsible medical practice.