The viability of applying ADR methods for resolving medical malpractice disputes in Indonesia

The nature of doctor-patient relationship has significantly changed in Indonesia since the increase of medical malpractice cases. Massive publicity on alleged medical malpractice cases by the media has triggered public awareness towards patient safety issues and created hostile environment within...

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Main Authors:	Susila, Muh Endriyo, Jahn Kassim, Puteri Nemie
Format:	Conference or Workshop Item
Language:	English
Published:	2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/42934/ http://irep.iium.edu.my/42934/ http://irep.iium.edu.my/42934/1/ADR_methods_-_Nemie.pdf

id	iium-42934
recordtype	eprints
spelling	iium-429342015-06-10T08:16:54Z http://irep.iium.edu.my/42934/ The viability of applying ADR methods for resolving medical malpractice disputes in Indonesia Susila, Muh Endriyo Jahn Kassim, Puteri Nemie K Law (General) The nature of doctor-patient relationship has significantly changed in Indonesia since the increase of medical malpractice cases. Massive publicity on alleged medical malpractice cases by the media has triggered public awareness towards patient safety issues and created hostile environment within the healthcare setting. Although medical malpractice cases in Indonesia can be tried under civil or criminal proceedings, many injured victims prefer to try their cases under criminal proceedings. The reasons for bringing the cases to criminal courts revolve around the issues of anger, vengeance and promoting deterrence. Further, criminal proceedings have also been opted by medical malpractice lawyers to avoid the difficulty in proving doctor’s negligence if the case is brought into civil court. Nevertheless, bringing malpractice cases to be tried through criminal courts destroys doctor-patient relationship and tarnished the reputation of the doctors abruptly. Doctors are instantly labeled as criminals before they are found guilty by the courts. Thus, resolving medical malpractice through litigation has many negative implications other than being lengthy in nature with unreasonable costs. Undeniably, patient safety could be better protected through more amicable settlements rather than criminal prosecution. Dispute resolution mechanisms should be introduced and promoted in Indonesia as an alternative to the litigation process with hope of providing redress to victims of medical malpractice in a more amicable manner. 2015-05-10 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/42934/1/ADR_methods_-_Nemie.pdf Susila, Muh Endriyo and Jahn Kassim, Puteri Nemie (2015) The viability of applying ADR methods for resolving medical malpractice disputes in Indonesia. In: 4th International Conference on Law & Society (ICLAS IV) 2015 , 10th-11th May 2015, Auditorium, Academic Building (UniSZA), Kuala Trengganu. https://www.unisza.edu.my/iclas2015/index.php?option=com_content&view=featured
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Susila, Muh Endriyo Jahn Kassim, Puteri Nemie The viability of applying ADR methods for resolving medical malpractice disputes in Indonesia
description	The nature of doctor-patient relationship has significantly changed in Indonesia since the increase of medical malpractice cases. Massive publicity on alleged medical malpractice cases by the media has triggered public awareness towards patient safety issues and created hostile environment within the healthcare setting. Although medical malpractice cases in Indonesia can be tried under civil or criminal proceedings, many injured victims prefer to try their cases under criminal proceedings. The reasons for bringing the cases to criminal courts revolve around the issues of anger, vengeance and promoting deterrence. Further, criminal proceedings have also been opted by medical malpractice lawyers to avoid the difficulty in proving doctor’s negligence if the case is brought into civil court. Nevertheless, bringing malpractice cases to be tried through criminal courts destroys doctor-patient relationship and tarnished the reputation of the doctors abruptly. Doctors are instantly labeled as criminals before they are found guilty by the courts. Thus, resolving medical malpractice through litigation has many negative implications other than being lengthy in nature with unreasonable costs. Undeniably, patient safety could be better protected through more amicable settlements rather than criminal prosecution. Dispute resolution mechanisms should be introduced and promoted in Indonesia as an alternative to the litigation process with hope of providing redress to victims of medical malpractice in a more amicable manner.
format	Conference or Workshop Item
author	Susila, Muh Endriyo Jahn Kassim, Puteri Nemie
author_facet	Susila, Muh Endriyo Jahn Kassim, Puteri Nemie
author_sort	Susila, Muh Endriyo
title	The viability of applying ADR methods for resolving medical malpractice disputes in Indonesia
title_short	The viability of applying ADR methods for resolving medical malpractice disputes in Indonesia
title_full	The viability of applying ADR methods for resolving medical malpractice disputes in Indonesia
title_fullStr	The viability of applying ADR methods for resolving medical malpractice disputes in Indonesia
title_full_unstemmed	The viability of applying ADR methods for resolving medical malpractice disputes in Indonesia
title_sort	viability of applying adr methods for resolving medical malpractice disputes in indonesia
publishDate	2015
url	http://irep.iium.edu.my/42934/ http://irep.iium.edu.my/42934/ http://irep.iium.edu.my/42934/1/ADR_methods_-_Nemie.pdf
first_indexed	2023-09-18T21:01:11Z
last_indexed	2023-09-18T21:01:11Z
_version_	1777410633646473216

The viability of applying ADR methods for resolving medical malpractice disputes in Indonesia

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