LEGAL RESPONSIBILITY OF MIDWIVES FOR DELIVERY ASSISTANCE IN THE EFFORTS OF MATERIAL AND CHILD HEALTH

The unlawful aspect of medical negligence is determined by the violation of obligations set out in professional standards. Midwives as health workers must involve attention to standard operating procedures (SOP) and clinical guidelines to minimize the risk of medical errors. In the event of medical negligence, patients have the right to demand accountability from midwives through both civil and criminal law, such as in cases that result in maternal and infant death. The research method used in this study is normative juridical. Where in its discussion, this study prioritizes the study of the application of positive legal norms or legal principles applied in Indonesia and the approach through related laws and regulations. The results of the analysis show that the legal responsibility of midwives in cases of medical negligence reviewed from a legal perspective involves several important aspects, such as the existence of a midwife-patient relationship and negligence in the medical care provided. In conclusion, this legal analysis provides an understanding of the legal responsibility of midwives for alleged negligence in medical actions, and also provides insight into the resolution of allegations in cases of medical negligence. The implications of this study are expected to be a guideline for midwives, legal practitioners, and other related parties in understanding and handling cases of medical negligence more effectively and fairly.

Authors

Publication Details

Journal
HERMENEUTIKA Jurnal Ilmu Hukum
Published
2025-02-28
DOI
https://doi.org/10.33603/hermeneutika.v9i1.9871
Primary Topic
Health Services Management and Policy
Type
article
Field-Weighted Citation Impact
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article

LEGAL RESPONSIBILITY OF MIDWIVES FOR DELIVERY ASSISTANCE IN THE EFFORTS OF MATERIAL AND CHILD HEALTH

Sanusi Sanusi, Sri Primawati Indraswari, Haris Hernanta Irawan
HERMENEUTIKA Jurnal Ilmu Hukum
Health Services Management and Policy
article

LEGAL RESPONSIBILITY OF MIDWIVES FOR DELIVERY ASSISTANCE IN THE EFFORTS OF MATERIAL AND CHILD HEALTH

Sanusi Sanusi, Sri Primawati Indraswari, Haris Hernanta Irawan
article en

Abstract

The unlawful aspect of medical negligence is determined by the violation of obligations set out in professional standards. Midwives as health workers must involve attention to standard operating procedures (SOP) and clinical guidelines to minimize the risk of medical errors. In the event of medical negligence, patients have the right to demand accountability from midwives through both civil and criminal law, such as in cases that result in maternal and infant death. The research method used in this study is normative juridical. Where in its discussion, this study prioritizes the study of the application of positive legal norms or legal principles applied in Indonesia and the approach through related laws and regulations. The results of the analysis show that the legal responsibility of midwives in cases of medical negligence reviewed from a legal perspective involves several important aspects, such as the existence of a midwife-patient relationship and negligence in the medical care provided. In conclusion, this legal analysis provides an understanding of the legal responsibility of midwives for alleged negligence in medical actions, and also provides insight into the resolution of allegations in cases of medical negligence. The implications of this study are expected to be a guideline for midwives, legal practitioners, and other related parties in understanding and handling cases of medical negligence more effectively and fairly.

HERMENEUTIKA Jurnal Ilmu HukumVol. 9(1)
Openalex Percentile: Top 83%
Health Services Management and Policy
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