KUALIFIKASI RESIKO MEDIS DALAM TRANSAKSI TERAPEUTIK

摘要

The problems studied in this research is how clear the medical risks qualitatively and what difference between the concept of medical risk and the medical malpractice. Focused on the former issue, the qualifications of medical risk in therapeutic transactions and second, what are the differences between medical risk with medical malpractice .udBoth the primary data and secondary data are obtained through library research and field work. The primary data is collected using the semi-structured interview technigue. By adopting the purposive sampling method, the respondents are selected from the population of the Indonesian Doctors Association Branch Chairman of the Special Region of Yogyakarta. As for the secondary data was done by identifying, classifying, and analyzing material literature written in the form of legislation, documents, books and studies related to the discussion of research. Overall the data are obtained and analyzed qualitatively. Results of primary and secondary data analysis will then be arranged in the form of research reports.udThe results show that the qualification including (i) the medical risks where the patient must bear in mind because he is receiving treatments taken by doctors; (ii) loss of physical and psychological; (iii) the incidence of loss is the result of medical treatment, not because of outside medical treatment; iv) there is a causal relationship between the losses with the actions of doctors; and (v) the loss is beyond the doctor's fault. Differences between medical risk and the medical malpractice is the latter subject in a responsible physician where there is the element of a fault conducted by doctor or more importantly there is a violation of medical professional standards, and doctors should not be predicted. While the medical risks, the subject is responsible patient, outside of medical misconduct, the doctor did not violate the standards of the medical profession, and doctors are able to predict.