Medical Liability in Indonesia: Overview and Regulatory Trends

Purwaningrum, Farah

doi:10.1007/978-981-16-4855-7_6

Cited by 1 publication

(1 citation statement)

References 3 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Criminal liability is established for negligence if the actions of a medical practitioner cause death to a person; if the negligence is proved, the criminal offense is punishable with imprisonment. Lastly, ethical malpractice is established by the Indonesian Code of Ethics, in accordance with the Declaration of Helsinki and the Geneva Declaration, comprehending twentyeight disciplinary violations [51]. Vaccination against COVID-19 is currently mandatory in Indonesia [52].…”

Section: Indonesiamentioning

confidence: 99%

COVID-19 Vaccination and Medical Liability: An International Perspective in 18 Countries

et al. 2022

View full text Add to dashboard Cite

The COVID-19 vaccination has proven to be the most effective prevention measure, reducing deaths and hospitalizations and allowing, in combination with non-pharmacological interventions, the pandemic to be tackled. Although most of the adverse reactions to vaccination present mild symptoms and serious effects are very rare, they can be the cause of legal action against the healthcare workers (HCWs) who administered it. To highlight differences in the medical liability systems, we performed a search for the three most populous countries in each continent on vaccine injury compensation programs, new laws or policies to protect HCWs administering vaccinations introduced during the COVID-19 pandemic, and policies on mandatory vaccinations, on literature databases and institutional sites. We found that in seven countries the medical liability system is based on Common Law, while in eleven it is mainly based on Civil Law. Considering the application of specific laws to protect HCWs who vaccinate during the pandemic, only the USA and Canada provided immunity from liability. Among the countries we analyzed, fourteen have adopted compensation funds. From an international perspective, our results highlight that in eleven (61.1%) countries medical liability is mainly based on Civil Law, whilst in seven (38.9%) it is based on Common Law.

show abstract

Section: Indonesiamentioning

confidence: 99%