Legal Protection Prospects toward General Practitioners in the Medical Specialist Study Program (PPDS) on Health Services through Third Party Insurance Institutions (Futuristic Review)

Abstract

Over the years, the relationship between doctor and patient has transformed. Initially, the relationship between doctors and patients was based on the principle of father knows best. In other words, doctors knew what was best for the patient, so the relationship that existed between the two was a paternalistic relationship, in which the relationship between doctors and patients was not equal, considering the control and the decision on the patient's treatment is in the hands of the doctor. The patient is subject to the power of the doctor. The relationship between doctor and patient today is more partnership; they have the same position. Changes in the pattern of doctor-patient relationships and the increasing public awareness of their lead rights cause people not to remain silent if there is an error or alleged negligence due to the doctor's actions, leading to the emergence of demands from the patient and/or patient's family. Doctors must work very carefully because they are vulnerable to lawsuits, and medical services are handled by doctors who take specialist programs (PPDS). Lawsuits proposed to doctors can also be submitted to PPDS because PPDS also carries out medical services the same as doctors in charge of medical. One of the demands that can befall the PPDS doctor is a civil lawsuit. Therefore, insurance can be used as a risk transfer institution to overcome this problem. This study focuses on how the legal protection of PPDS doctors in carrying out medical practice services and whether the responsibility of the PPDS doctor in resolving claims against medical services can be transferred to the insurance company. This study uses a normative juridical approach and descriptive-analytical method, which focuses on efforts to find the juridical basis for the use of insurance institutions in protecting PPDS doctors when carrying out medical practice services. The study results show that Indonesia does not have a law that explicitly regulates the transfer of legal responsibility for the medical actions of PPDS doctors to patients through insurance institutions. The responsibility of PPDS doctors in carrying out medical practice services can be transferred to insurance institutions as long as within the scope of the claim for compensation (civil).