Legal Protection for Physicians in Cases of Patient Contributory Negligence Under Health Law

Abstract

Failures in medical treatment are often perceived as malpractice or negligence that is entirely attributable to physicians. However, patient harm is not always solely caused by medical personnel, but may also be influenced by patient conduct, such as failure to provide accurate health information, non-compliance with medical advice, or refusal of necessary medical procedures. This condition is known as contributory negligence. This study aims to analyze the legal framework governing medical treatment failures under Law Number 17 of 2023 concerning Health, as well as to examine legal protection for physicians when patient losses are influenced by contributory negligence. This research employs a normative juridical method with statutory and conceptual approaches. The data used consist of primary, secondary, and tertiary legal materials obtained through literature study and supported by interviews.The results of the study indicate that the regulation of medical treatment failure is governed by provisions concerning the rights and obligations of patients and healthcare providers, the implementation of healthcare services in accordance with professional standards, service standards, and standard operating procedures, as well as provisions on informed consent and medical records under Law Number 17 of 2023 concerning Health and Government Regulation Number 28 of 2024. Furthermore, contributory negligence may influence the determination of physicians' legal liability and, in certain circumstances, may serve as a basis to reduce, share, or even eliminate such liability. Legal protection for physicians is provided through preventive and repressive measures to ensure legal certainty in the delivery of healthcare services.