Deontological Ethics in Legal Protection for Medical Personnel Against Accusations of Malpractice

Medical malpractice is a complex issue that involves not only legal dimensions but also the ethical aspects inherent in medical practice. Medical professionals are often placed in a vulnerable position because every adverse outcome of medical treatment is frequently associated with negligence, even though, in many cases, such failures represent acceptable medical risks. This situation generates ongoing debate regarding the boundaries of professional responsibility and the extent of legal protection that should be granted to medical practitioners. Therefore, this study seeks to analyze the legal protection afforded to medical professionals in malpractice cases by employing deontological ethics as an analytical framework. The purpose of this study is to examine the extent to which deontological ethical principles can serve as a foundation for assessing fair legal protection for medical professionals accused of malpractice. This research adopts a normative juridical method with both philosophical and conceptual approaches, utilizing literature reviews of statutory regulations, legal doctrines, and relevant works in the philosophy of law. The findings indicate that existing regulations provide a legal basis consistent with the principle of duty, yet shortcomings in detailed regulatory provisions, the understanding of law enforcement officers, and the absence of preventive protection mechanisms remain the main obstacles. The novelty of this research lies in applying Immanuel Kant’s deontological ethics as a philosophical framework to clarify the distinction between reasonable medical risk and professional error. This contribution enriches the discourse on health law by affirming that moral and professional duties should serve as the primary benchmark, thereby ensuring that legal protection for medical professionals is enforced more fairly and proportionally

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Publication Details

Journal
Pena Justisia Media Komunikasi dan Kajian Hukum
Published
2025-06-30
DOI
https://doi.org/10.31941/pj.v24i2.7068
Primary Topic
Medical Malpractice and Liability Issues
Type
article
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article

Deontological Ethics in Legal Protection for Medical Personnel Against Accusations of Malpractice

I Komang Darma Wijaya, I Gede Agus Kurniawan
Pena Justisia Media Komunikasi dan Kajian Hukum
Medical Malpractice and Liability Issues
article

Deontological Ethics in Legal Protection for Medical Personnel Against Accusations of Malpractice

I Komang Darma Wijaya, I Gede Agus Kurniawan
article en

Abstract

Medical malpractice is a complex issue that involves not only legal dimensions but also the ethical aspects inherent in medical practice. Medical professionals are often placed in a vulnerable position because every adverse outcome of medical treatment is frequently associated with negligence, even though, in many cases, such failures represent acceptable medical risks. This situation generates ongoing debate regarding the boundaries of professional responsibility and the extent of legal protection that should be granted to medical practitioners. Therefore, this study seeks to analyze the legal protection afforded to medical professionals in malpractice cases by employing deontological ethics as an analytical framework. The purpose of this study is to examine the extent to which deontological ethical principles can serve as a foundation for assessing fair legal protection for medical professionals accused of malpractice. This research adopts a normative juridical method with both philosophical and conceptual approaches, utilizing literature reviews of statutory regulations, legal doctrines, and relevant works in the philosophy of law. The findings indicate that existing regulations provide a legal basis consistent with the principle of duty, yet shortcomings in detailed regulatory provisions, the understanding of law enforcement officers, and the absence of preventive protection mechanisms remain the main obstacles. The novelty of this research lies in applying Immanuel Kant’s deontological ethics as a philosophical framework to clarify the distinction between reasonable medical risk and professional error. This contribution enriches the discourse on health law by affirming that moral and professional duties should serve as the primary benchmark, thereby ensuring that legal protection for medical professionals is enforced more fairly and proportionally

Pena Justisia Media Komunikasi dan Kajian HukumVol. 24(1)
University of National Education (ID)
Openalex Percentile: Top 53%
Medical Malpractice and Liability Issues
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Deontological Ethics in Legal Protection for Medical Personnel Against Accusations of Malpractice — I Komang Darma Wijaya, I Gede Agus Kurniawan · Pena Justisia Media Komunikasi dan Kajian Hukum (2025) | TGRS Research Map | TGRS