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Journal articles on the topic 'Medical personnel – Malpractice'
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1
Meirosa, Zara Shelli. "Implementation Of Criminal Actions Against Malpractice By Medical Personnel." Ius Poenale 2, no. 1 (March 17, 2021): 63–74. http://dx.doi.org/10.25041/ip.v2i1.2210.
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Providing health services to the community is very important, where every community must get proper health services and according to permission from the government. However, in terms of providing services to the community, things that are not supposed to be done by medical personnel are not uncommon, such as malpractice. Malpractice in the provision of health services by medical personnel is a legal problem that must be addressed immediately. One way is through criminal threats for the perpetrators. In Law Number 36 of 2009 concerning Health, there have been many provisions regarding criminal sanctions for medical personnel who make mistakes in carrying out their health practices. This action must be assessed in terms of criminal law to impose sanctions on perpetrators who have committed malpractice. The research method used in this study uses a normative approach method. Normative research is legal research, carried out by examining library materials or secondary data as the necessary material to be studied by searching for the regulations and literature related to the problem under study. The approach to the problem used is the statutory approach. The results of this study answer that the types of malpractice committed by medical personnel are when in malpractice, in addition to actions that are considered negligence, some actions are included in the category of deliberate action and violating the law, the existence of an act, due to serious injury, the causal relationship between severe injuries and forms of action, the existence of forms of actions and the existence of consequences: wounds that cause disease; and injuries which prevent him from carrying out occupational work, or searching for a specified time. Malpractice that is done intentionally is a form of pure malpractice, including in criminal malpractice. Furthermore, the legal consequence of malpractice committed by medical personnel is the emergence of criminal liability for medical personnel as legal subjects which are closely related to proving someone's actions (medical personnel) to be included in the criminal malpractice category if the act fulfills the formulation of criminal offenses. Therefore, the imposition of criminal sanctions against medical personnel who commit malpractice can be punished. This research suggests that law enforcement officials should take an active role in handling malpractice cases in health services
2
Lajar, Julius Roland, Anak Agung Sagung Laksmi Dewi, and I. Made Minggu Widyantara. "Akibat Hukum Malpraktik yang Dilakukan oleh Tenaga Medis." Jurnal Interpretasi Hukum 1, no. 1 (August 18, 2020): 7–12. http://dx.doi.org/10.22225/juinhum.1.1.2177.7-12.
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Malpractice refers to an act of negligence or an act with the correct standard operating procedures but causes harm to consumers, in this case the patients and this can threaten the health and safety of the patient. Malpractice committed by medical personnel is certainly very detrimental to those who need medical treatment and greatly affects the hospital’s integrity which is certainly the center for all medical actions. Based on this, this study examines what the legal regulatory for medical personnel who commit malpractice and how to sanction his speech are. To uncover the issues a normative research method is used by applying the legislative approach that examines the applicable laws and regulations and a conceptual approach to reviewing library materials in the form of theories and opinions of legal experts. The legal regulatory for malpractice actions by medical personnel are regulated in several laws and regulations providing basic guidelines regarding malpractice actions committed by medical personnel. The regulations are found in the medical and health laws which provide legal certainty for the injured. This is a characteristic of the law itself in upholding justice. Malpractice acts committed by health workers have been regulated in the legislation No. 23 of 1992 concerning Health and the Medical Code of Conduct in force. In addition there are sanctions for the actions of medical personnel commiting malpractice, including criminal sanctions, civil sanctions, administrative sanctions and moral sanctions.
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Prestiana, Yuan Okta. "ASPEK PERTANGGUNGJAWABAN TENAGA MEDIS NON AHLI ATAS TERJADINYA MALPRAKTIK DALAM OPERASI BESAR (Analisis Putusan Pengadilan Negeri Madiun Nomor 5/Pdt.G/2015)." Res Judicata 3, no. 2 (November 1, 2020): 118. http://dx.doi.org/10.29406/rj.v3i2.2248.
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Malpractice cases have always been the most frequently encountered problems in health law and health services. Malpractice occurs due to violations of rules by medical personnel. One form of violation that occurred was the implementation of large operations by non-skilled medical personnel. This legal research analyzes the forms of accountability of non-skilled medical personnel in the event of malpractice in major operations. The method used in this study is normative legal research using the statutory approach, conceptual approach and case approach. The results showed that the accountability of medical personnel who were not a team of experts when carrying out major operations included civil liability and criminal liability.
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Rini Apriyani, Erna Susanti, Poppilea Erwinta, Kalen Sanata, and Muh. Sakur Edwarni. "Criminal Liability Arising from Medical Malpractice on Patients: A Review from the Perspective of Positive Law And Islamic Law." KRTHA BHAYANGKARA 18, no. 1 (April 30, 2024): 85–106. http://dx.doi.org/10.31599/krtha.v18i1.1615.
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The suspicion in cases of medical malpractice in is only slightly raised, meanwhile, there are actions by the health profession by doctors as medical personnel which have the potential to be a malpractice that can be reported by the public, but are not resolved legally because the community only has limited knowledge of science medical and because there is no form of specific legal regulations governing malpractice in Indonesia so that the occurrence of these malpractices can cause legal problems. This study aims to determine criminal liability for medical malpractice acts committed by doctors to patients in anticipating and dealing with medical malpractice problems in criminal cases. The research method used in this study is doctrinal, where the author collects material from the literature, both hardcopy and softcopy, which is related to the title of this research by using an analysis of the research object. Criminal malpractice occurs when a patient dies or is disabled and/or seriously injured as a result of actions taken by health workers who are careless or less careful in making efforts to treat patients who die or are disabled and are criminally liable as a result of medical malpractice acts committed. doctors on patients can be accounted for under Article 359 and Article 360 of the Criminal Code. In this case the health law is considered insufficient and does not clearly regulate the crime of medical malpractice. So it is necessary to regulate the crime of medical malpractice by giving birth to a new health law, namely by explicitly regulating criminal liability for medical malpractice acts by doctors against patients in Indonesia.
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Putra, Kadek Ayu Putri Dharma, Sagung Putri ME Purwani, Devi Fitriyastanti, and Silvia Anitasari. "Education for Medical Personnel Malpractice: A Literature Review." Jurnal Penelitian Pendidikan IPA 9, no. 9 (September 25, 2023): 521–30. http://dx.doi.org/10.29303/jppipa.v9i9.4360.
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Doctors who adhere to professional standards, service standards, and standard operating procedures can generally expect legal protection in their medical practice. Following established protocols and guidelines helps ensure that doctors provide care within accepted norms, reducing the likelihood of malpractice allegations. This is a literature review study that analyzed the literature related to the malpractice law. The initial involved searching various databases, including MEDLINE via PubMed, Scopus, and Web of Science from April to May,2023. This search was performed using specific terms, namely doctor, dentist, malpractice, and Indonesian laws. The literature search yielded a total 153 citation (Fig. 1). Upon completion of title and abstract screening, 75 full-texts were deemed potentially relevant and reviewed. Subsequently, 21 documents fulfilled our eligibility criteria and were included. The Medical Council of Indonesia (MKDKI) has the authority to examine complaints related to the discipline of doctors and dentists and determine whether any mistakes were made in the application of medical and dental disciplines. The decisions made by MKDKI can have implications for the professional standing and disciplinary actions against doctors.
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Franchuk, Valentyn, Mykola Melnik, and Vitalii Zozulia. "Forensic-medical evaluation of improper medical care, provided by the nursing personnel." Forensic-medical examination, no. 2 (December 17, 2017): 40–46. http://dx.doi.org/10.24061/2707-8728.2.2017.10.
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A retrospective review of all alleged medical malpractice cases between 2007 and 2016 handled at Ternopil, Zhytomir and Chernivtsi Regional Bureaus of Forensic medical Examination, was performed. Peculiarities of improper medical care provided by nursing staff were studied on the base of the reports of Commission Forensic medical Examination. Lacks of health care provision committed by nurses were detected in 11,7% of the cases. The study showed that unjustifiable medical care occurred as usual in policlinics and ambulatories. 8 types of nursing mistakes were determined. Unintentional medical care was confirmed by forensic medical expert commission as a rule in diagnostics, medical procedures or medical treatment. Insufficient or incomplete medical care provided by nursing personnel seemed more frequently. Nursing errors were caused by subjective reasons in almost 44,8% of the alleged medical malpractice cases. All these reasons were stipulated by poor quality of medical staff. Dereliction of duty by the nursing personnel that was strongly connected with causal relationship between the damage claimed by the patient and unskilful medical care was revealed in 13,8% of the cases.
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Qomariyah, Selly Ismi, Y. A. Triana Ohoiwutun, and Sapti Prihatmini. "Tindak Pidana Kelalaian Menyebabkan Luka yang Dilakukan oleh Dokter Gigi: Analisis Putusan Nomor: 257/Pid.B/2015/PN.Dps." Lentera Hukum 5, no. 3 (December 31, 2018): 465. http://dx.doi.org/10.19184/ejlh.v5i1.6761.
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There is a substantial difference between the ordinary crime related to its results and that related to its causes. In order to classified as a crime, the negligence carried out by medical personnel needs to be previously described regarding the fulfillment of the elements of lawlessness. This paper analyzes whether there is medical malpractice and with the following lawlessness in the court decision number 257/Pid.B/2015/PN.Dps. Throughout the analysis, it will provide a comprehension to the qualification of whether malpractice, medical negligence or medical risk. The result of the study finds that such a crime can be qualified to medical malpractice, even though he did not fulfill the nature against formal law but it meets the element of nature against material law.
Keywords: Medical Malpractice, Lawlessness, Crime
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ERİŞ, Hüseyin, and Filiz KIROĞLU. "CRIMINAL RESPONSIBILITIES OF PHYSICIANS IN MEDICAL MALPRACTICE." ATLAS JOURNAL 7, no. 44 (September 24, 2021): 2227–42. http://dx.doi.org/10.31568/atlas.783.
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The aim of this study is to determine the criminal responsibilities of health workers in the relevant laws on medical malpractice in the health sector and to reveal the factors in the formation of medical malpractice. This study is a descriptive study. With the information obtained as a result of the Turkish Penal Code No. 5237, the Law No. 1219 on the Practice of the Style of Medicine and Medical Arts, the Law No. 1593 on Public Health, the Law on the Turkish Medical Association No. 6023, the Turkish Code of Obligations, the Patient Rights Regulation and literature reviews, the medical malpractice of health workers criminal liability has been compiled. In recent years, serious educational studies have been carried out on the subject of medical malpractice and information activities have been carried out on this subject both to health workers and patients. Especially when the awareness about medical malpractice started to increase in patients and their relatives, serious lawsuits were filed against health personnel due to simple mistakes made. Health workers have to defend themselves in the face of these lawsuits. Because serious steps have not been taken yet on Medical Malpractice in the Turkish Penal Code. For this reason, both the court committee, the patient, the health institution and its employees face some difficulties in this process. In particular, healthcare professionals are faced with a serious lack of knowledge about the criminal liability of medical malpractice. Since the laws regarding the health law in our country are not fully regulated, these cases can only be heard in a lawsuit to be opened due to the fault of the health personnel, according to the provisions of the Turkish Penal Code and the Code of Obligations. These lawsuits are carried out in the form of criminal cases, material and moral compensation cases. Therefore, the litigation process may take longer. For this reason, special arrangements to be made regarding medical malpractice in the field of health law will be important in concluding such cases as soon as possible by ensuring that such cases are handled more objectively in terms of the defendant and the plaintiff. It is necessary to determine the rights and duties of both patients and healthcare professionals by carrying out a study with broad participation by health sector representatives, especially lawyers, in order to overcome this deficiency.
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Dewar, Callum D., Jason H. Boulter, Brian P. Curry, Dana M. Bowers, and Randy S. Bell. "The changing landscape of military medical malpractice: from the Feres Doctrine to present." Neurosurgical Focus 49, no. 5 (November 2020): E7. http://dx.doi.org/10.3171/2020.8.focus20594.
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Medical malpractice suits within the military have historically been limited by the Feres Doctrine, a legal precedent arising from a Supreme Court decision in 1950, which stated that active-duty personnel cannot bring suit for malpractice against either the United States government or military healthcare providers. This precedent has increasingly become a focus of discussion and reform as multiple cases claiming malpractice have been dismissed. Recently, however, the National Defense Authorization Act of 2020 initiated the first change to this precedent by creating an administrative body with the sole purpose of evaluating and settling claims of medical malpractice within the military’s $50 billion healthcare system. This article seeks to present the legal history related to military malpractice and the Feres Doctrine as well as discuss the potential future implications that may arise as the Feres Doctrine is modified for the first time in 70 years.
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Asram AT Jadda. "PERLINDUNGAN HUKUM TERHADAP PASIEN SEBAGAI KONSUMEN JASA PELAYANAN KESEHATAN." Madani Legal Review 1, no. 1 (June 15, 2017): 1–28. http://dx.doi.org/10.31850/malrev.v1i1.38.
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This research is about “legal protection for patient as health service consumer”. It belongs ti the juridical normative research, describing the provisions in law and regulation, in relation to the fact in the field, then conducting analysis by comparing the existing ideal values in law and regulation with the fact in the field. Therefore, it conducted library research supported with field research provides knowledge on the difference between as sollen and das sein.The research conducts document study and field research. Document study is data collecting from bibliography such as law and regulation, book, magazine, document, and also articles relevant with this research tipic. Field research collects data by direct observation in the field to look for the relevant information througt direct using interview guideline and questionnaire. Respondents are selected using purposive sampling method.Generally, legal protection for medical patient in Faisal Islamic Medical Centre (RSI Faisal) Ujung Pandang is still low. It can be shown from the fact that medical action which may cause patient’s health hazard or death are still untouched by law. Poor protection can also be seen from the difficulty to ask hospital/doctor/ medical personnel to be responsible for patient heath condition hazard or death because of doctor/medical personnel malpractice. Poor protection to the patien is caused by there is no equality before the law between doctor/medical personnel and patient. Poor protection to the patient also caused by the absence of malpractice act which is supposed to be the base for settling malpractice committed doctor/medical personnel.
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Widjaja, Sutono. "Perlindungan Hukum Bagi Pasien Selaku Konsumen terhadap Tindakan Malpraktik di Bidang Kesehatan." JURNAL RECHTENS 9, no. 1 (June 3, 2020): 39–52. http://dx.doi.org/10.36835/rechtens.v9i1.660.
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Malpractice cases are a crime that is very common in Indonesia. Malpractice is basically the actions of professionals who contravene SOPs, codes of ethics, and applicable laws, whether intentional or as a result of negligence resulting in loss or death to others. On the other hand, in the implementation of health services, medical personnel, namely doctors and nurses do not rule out the possibility of an error or negligence. Errors or negligence by doctors in carrying out their professional duties can be fatal both to the body and soul of the patient (in medical/legal terms this incident is called malpractice) and this is of course very detrimental to the patient as a victim of malpractice. As a victim of malpractice that is harmed , of course the patient will demand what is his right. Patients who are victims of malpractice will demand compensation or ask for accountability from the doctor concerned. These demands can be in the form of civil claims, namely compensation, criminal charges, namely imprisonment for perpetrators of malpractice
12
Khalid, Hasbuddin. "Legal Protection for Victims of Medical Malpractice during the COVID-19 Pandemic: A Study on Legislation." SIGn Jurnal Hukum 5, no. 2 (October 30, 2023): 263–75. http://dx.doi.org/10.37276/sjh.v5i2.290.
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This study examines the forms of legal protection available for victims of medical malpractice. This study uses normative legal research with a statute approach. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the complexity of health service provision during the COVID-19 pandemic increases the risk of errors and medical malpractice. The Government has established a series of legal protections, including civil, criminal, and administrative, to facilitate victims of medical malpractice claim their rights. Civil legal protection ensures patients’ rights to seek compensation through out-of-court dispute resolution, such as negotiation, mediation, and arbitration. Meanwhile, criminal legal protection regulated punishments such as imprisonment or a fine for doctors proven guilty of medical malpractice. On the other hand, administrative legal protection provides a complaint mechanism for patients, ensuring that the Government and Honorary Council will impose administrative sanctions on doctors proven guilty of medical malpractice. Therefore, it is recommended that the Government continue strengthening and enhancing public awareness regarding patients’ rights and the available legal protection mechanisms, especially during the COVID-19 pandemic. This role is crucial for empowering the community to protect themselves from potential medical malpractice. Furthermore, healthcare personnel should be given maximum support through adequate facilities and equipment provision, as well as capacity enhancement through ongoing training and education, to enable them to provide optimal health services in the face of this pandemic challenge. In addition, there needs to be a strengthening of the monitoring system and legislation to prevent and effectively handle medical malpractice cases.
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Alim Usemahu, Syahdan, and Junifer Dame Panjaitan. "Analyst Types of Malpractice In Health Law." International Journal of Social Research 2, no. 3 (June 22, 2024): 130–40. http://dx.doi.org/10.59888/insight.v2i3.30.
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Malpractice refers to medical practices that do not comply with the applicable laws and ethical codes. It can also refer to negligence, errors, or a doctor's inability to solve a patient's problem in such a way that the patient is dissatisfied with the outcome. Patients suffer as a result of healthcare workers' neglect of necessary procedures when they lack knowledge of health-related topics. This occurs when medical practices are performed on patients who become victims, but medicine is based on procedures or how doctors perform actions. Whether malpractice occurs or not is not judged by its adverse consequences. The definition of malpractice under current law is unclear. However, the concept of malpractice can be found in Article 11 paragraph 1 letter b, Law No. 6 of 1963 concerning healthcare personnel, which has been repealed and replaced by Law No. 23 of 1992 which regulates healthcare.
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Dahwal, Sirman, Zico Junius Fernando, and Ria Anggraeni Utami. "Penal Mediation as a Medical Dispute Settlement for Hospital Malpractice Cases in Indonesia." Jurnal Ilmiah Kebijakan Hukum 16, no. 3 (November 30, 2022): 539. http://dx.doi.org/10.30641/kebijakan.2022.v16.539-556.
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Penal Mediation is an alternative form of case settlement that originates with the idea of restorative justice. Seeing a large number of medical personnel being convicted in malpractice cases (primum remedium), mediation in dispute settlement for malpractice cases in hospitals becomes the concept of victim protection, harmonization, and overcoming rigidity/ formality in the applicable system. Therefore, the purpose of this study is to find solutions to avoid the adverse effects of the Criminal Justice System with the concept of mediation as an effort to resolve malpractice cases in the future. This paper used normative legal research or library research with a statute, conceptual, and comparative approach. The nature of the research used in this study is descriptive-prescriptive. The author used content analysis. The findings of this study are meant to provide an alternative solution to punishment which should be a last resort (ultimum remedium) from law enforcement in the form of non-litigation settlement through mediation.
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Streltsova, E. G. "Interested Parties in Medical Malpractice Claims." Lex Russica 77, no. 6 (June 18, 2024): 114–25. http://dx.doi.org/10.17803/1729-5920.2024.211.6.114-125.
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The participation of interested persons in medical malpractice claims depends on the disputed material and legal relations and the specifics of the actual relationship.The main difficulties regarding the plaintiffs are related to the identification of interest in medical malpractice claims. The practical importance of detailing the material and legal interest in terms of the grounds for its occurrence is emphasized for persons who are in actual marital relations with the patient; young children of deceased patients; persons who meet the criterion of «having close ties with the patient», including those who are not relatives. It is substantiated that the circle of persons entitled to compensation for moral damage due to fetal death should be determined situationally and may not be limited to the child’s married parents.The interested parties on the defendant’s side in resolving disputes as to compensation for damage caused to the life or health of a citizen depends on the status of legal entities that provided medical services.The practice of involving medical workers in the case, due to whose actions the person was harmed, as third parties who do not file independent claims on the subject of the dispute, is criticized. Procedural complications due to an additional participant in the first proceeding do not create a clear advantage in comparison with the consideration of two disputes with ordinary parties. The practice of involving in the process entities whose competence includes additional financing of the defendant’s obligations; administrative and managerial personnel of a medical institution who did not participate in the treatment of the patient is erroneous and legally pointless.
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Cernega, Ana, Marina Meleșcanu Imre, Alexandra Ripszky Totan, Andreea Letiția Arsene, Bogdan Dimitriu, Delia Radoi, Marina-Ionela Ilie, and Silviu-Mirel Pițuru. "Collateral Victims of Defensive Medical Practice." Healthcare 11, no. 7 (April 1, 2023): 1007. http://dx.doi.org/10.3390/healthcare11071007.
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This paper analyzes the phenomenon of defensive medical practice, starting from the doctor–patient relationship, and the behavioral and professional factors that can influence the proper functioning of this relationship and the healthcare system. We analyze medical malpractice, given the increase in the number of accusations, as an essential factor in triggering the defensive behavior of doctors, together with other complementary factors that emphasize the need for protection and safety of doctors. The possible consequences for the doctor–patient relationship that defensive practice can generate are presented and identified by analyzing the determining role of the type of health system (fault and no-fault). At the same time, we investigate the context in which overspecialization of medical personnel can generate a form of defensive practice as a result of the limiting effect on the performance of a certain category of operations and procedures. The increase in the number of malpractice accusations impacts the medical community—“the stress syndrome induced by medical malpractice”—turning doctors into collateral victims who, under the pressure of diminishing their reputational safety, practice defensively to protect themselves from future accusations. This type of defensive behavior puts pressure on the entire healthcare system by continuously increasing costs and unresolved cases, which impact patients by limiting access to medical services in the public and private sectors.
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Lascu, Liviu Alexandru. "THE LEGAL REASONING IN THE INVESTIGATION OF MEDICAL MALPRACTICE COMMITTED IN HOSPITALS." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 17, no. 2 (December 31, 2023): 41–44. http://dx.doi.org/10.15837/aijjs.v17i2.6466.
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The aim of this article is to emphasize the main investigation features in the criminal cases involving the death or the health injuries caused to the patients by the medical malpractice occurred in hospital. It is an analysis of the steps to be taken in order to establish the legal condition for criminal liability of the doctors or the other medical personnel.
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Özsunay, Ergun. "Medical Liability and Liability of Health Institutions in Turkish Law." European Journal of Health Law 14, no. 4 (2007): 355–67. http://dx.doi.org/10.1163/092902707x261294.
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AbstractThis article deals with medical liability of doctors and health institutions under Turkish law. Medical liability is based usually on a medical treatment agreement. This agreement is qualified as "mandate" (Auftrag). Under this agreement doctors are obliged to carry out medical intervention and treatment in accordance with professional standards. Informed consent is a prerequisite for all medical interventions. Treatment without patient's informed consent is a ground of liability. As regards treatment in hospitals medical treatment agreement is concluded between patient and hospital management. Doctors and other health care personnel employed by private hospitals are auxiliaries in medical treatment. Liability for treatment in State or municipality hospitals is based on administrative law. In case of malpractice, liability of physicians and health institutions covers all bodily injuries and material damages as well as immaterial damages. A draft law on liability for malpractice in medical services is being discussed by relevant circles in Turkey.
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Amiati, Mia, Hamzah Halim, and Jady Zaidi Hassim. "Navigating Ambiguity: Critiques of Indonesia's Health Law and its Impact on Legal Redress for Medical Malpractice Victims." Hasanuddin Law Review 10, no. 1 (June 8, 2024): 94. http://dx.doi.org/10.20956/halrev.v10i1.5346.
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In Indonesia, the fundamental right to health is enshrined in the 1945 Constitution, affirming every person's entitlement to live a safe and prosperous life with access to health services. The 2023 Health Law focuses on six pillars, including health security, funding, human resources, technology, primary care, and referral services, aiming to alleviate financial burdens through progressive financing. Particularly significant is the procedural change in protecting health workers, notably medical personnel, through the implementation of restorative justice methods. This article critically examines the implications of the 2023 Health Law on victim redress, particularly concerning medical personnel protection and the application of restorative justice in life-threatening medical error cases. However, the provision regarding the handling of medical personnel facing criminal allegations and disciplinary sanctions raises concerns regarding clarity and implementation. Ambiguities surrounding key terms and the prioritization of restorative justice mechanisms without clear guidelines may result in delays and inconsistencies in the legal process. This study sheds light on the need for clarity and refinement in legal frameworks to ensure the protection of both medical personnel and patients while promoting accountability and justice within the healthcare system.
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Litan, Adelin, Fresley Hutapea, and Rina Mutiara. "IMPLEMENTATION EFFECTIVENESS OF HOSPITAL RESPONSIBILITY TOWARDS MEDICAL DISPUTE PROCESS AT HOSPITAL X CIBINONG." Jurnal Ilmiah Teunuleh 2, no. 3 (September 14, 2021): 15–24. http://dx.doi.org/10.51612/teunuleh.v2i3.59.
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Medical disputes that are rife in the medical world in Indonesia are a separate burden for medical personnel in carrying out daily practices, where the hospital as a place for medical personnel to work, should be responsible for medical personnel involved in medical disputes. The absence of sufficiently clear regulations governing the responsibility of hospitals in resolving medical disputes, makes medical personnel, in this case, the most disadvantaged part. The purpose of this study is to empirically determine the applicable laws and regulations regarding the responsibility of hospitals in the process of resolving medical disputes and the effectiveness of their implementation. The research method used is qualitative research with case study approach. Data sources are primary and secondary data. The data analysis subjects were informants, namely the director of medical services, the legal department officer and the public relations officer. The analysis tool uses interactive analysis. There were at least 4 laws and regulations related to hospital responsibility for medical personnel and implementation of regulations regarding hospital responsibility towards medical dispute process is 88%. The research found no guidelines for handling medical disputes. This study shows that the laws and regulations related to hospital responsibility and their implementation in the medical dispute resolution process have been implemented. The recommendation to Hospital X Cibinong is to make guidelines on the flow of medical dispute handling and provide education about health law to all hospital staff, especially medical personnel as parties most vulnerable to malpractice suits.
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Mahardhika, Rosliana, Edi Sumarwanto, and Elsye Maria Rosa. "Complaint Management Strategy in Dealing with Allegations of Malpractice in the Digital Age." Amalee: Indonesian Journal of Community Research and Engagement 4, no. 2 (September 1, 2023): 627–44. http://dx.doi.org/10.37680/amalee.v4i2.3238.
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In Indonesia, there has been a rise in the number of suspected medical malpractice cases, causing tangible harm to patients and undermining trust in the healthcare system. To address this growing concern in the digital era, this study aims to identify effective hospital strategies for handling complaints arising from alleged malpractice incidents. A systematic literature review was conducted, utilizing international and national databases to select and search for pertinent information on hospital complaint-handling processes and strategies in the digital era. The study underscores the significance of establishing a comprehensive complaint-handling system in hospitals to address increasing complaints. Key strategies identified include preparing professional resources dedicated to handling complaints, enhancing awareness regarding patient safety, and ensuring strict adherence to existing Standard Operating Procedures (SOPs). By adopting the identified strategies, hospitals can mitigate the adverse effects of medical accidents, improve patient safety, and rebuild trust between patients and medical personnel in the digital era.
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Kunz, SN, Þ. Bergsdóttir, and JG Jónasson. "Autopsy rates in Iceland." Scandinavian Journal of Public Health 48, no. 5 (January 11, 2019): 486–90. http://dx.doi.org/10.1177/1403494818820748.
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A clinical as well as forensic autopsy is a uniform medical investigation of the deceased, which mainly serves to verify the plausibility of information on the cause, mode and mechanism of death provided by the police and/or medical personnel. Despite its importance in the context of a conclusive assessment of a person’s medical history and in detecting any criminal correlation or malpractice, a significant decline in autopsies is evident in Iceland. This article gives an overview on autopsy rates in Iceland and compares the situation with European countries.
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Bîrsanu, Sînziana-Elena, Maria Cristina Plaiasu, and Codrut Andrei Nanu. "Informed Consent in Mass Vaccination against COVID-19 in Romania: Implications of Bad Management." Vaccines 10, no. 11 (November 5, 2022): 1871. http://dx.doi.org/10.3390/vaccines10111871.
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Informing patients and obtaining valid informed consent were significant challenges for the COVID-19 immunization program. In Romania, the authorities issued a strategy for activities regarding vaccination against COVID-19, including the informed consent procedure. The lack of legal preparedness was evident when the medical personnel at the vaccination centers were provided with informed consent forms that did not respect the existing legal requirements. In addition, the protocol for persons seeking vaccination stated that the patient was supposed to receive the informed consent form from the receptionist in order to read and sign it. We analyzed the legal implications and the malpractice litigation risk associated with this practice. Due to essential deficiencies and in the absence of an official enactment of new regulations, we conclude that the vaccination consent process did not comply with the legal requirements. Implications include medical personnel’s legal liability, loss of malpractice insurance coverage, and public mistrust that may have contributed to a low vaccination rate. Given the potential of future pandemics or other health crises, this may be a valuable lesson for developing better legal strategies.
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Leung, Gilberto KK, and Gerard Porter. "Malpractice litigation in acute stroke care – where are we now?" Medico-Legal Journal 86, no. 3 (January 10, 2018): 134–39. http://dx.doi.org/10.1177/0025817217750494.
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Acute stroke care has undergone momentous changes in recent years with the introduction of intravenous thrombolysis, mechanical thrombectomy and integrated stroke services. While these are welcome developments, they also carry unique medico-legal challenges. In 2015, a patient from Greater Manchester was awarded over £1 million in compensation after ambulance paramedics failed to admit her to a specialist unit. This paper explores the medico-legal implications of this first but over looked thrombolysis-related claim in the United Kingdom. It is submitted that the highly time-dependent and multidisciplinary nature of acute stroke care may expose a host of healthcare personnel, both medical and non-medical, to risks of legal pursuit for failing to provide appropriate care, and that available scientific evidence will likely support such claims. The situation calls for an urgent and concerted effort at implementing improvement measures at national levels. A reminder of the legal consequences of substandard acute stroke care is timely and necessary.
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Franchuk, Valentyn. "Analysis of medical malpractice in modern conditions (according to the materials of commissional forensic medical examinations)." Forensic-medical examination, no. 1 (April 13, 2016): 56–61. http://dx.doi.org/10.24061/2707-8728.1.2016.11.
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Professional occupation of a doctor is quite often followed by different imperfections, which end up negatively for the patients. Every case of inadequate medical care becomes an object of investigation which can’t be implemented without the conclusion of commissional forensic medical examination. This problem is not enough studied in contemporary Ukrainian forensic medicine. That’s why the research on structure, occurrence and peculiarities of medical malpractice become the goal of the research.
Materials and methods. The study analyzes archival materials (reports of forensic medical commission examinations) handled in Ternopil regional Bureau of forensic medical examination during 2007-2014 years. The research results are summarized and processed with general statistical methods.
Results of the research. It is defi that during studied period 112 examinations concerned to medical malpractice were imple- mented which was 9,05% from the general quantity of all commissional examinations. Different medical mistakes were defi in 82,1%. Among of them physicians’ malpractice at providing emergency medical care equaled (74,1%), in hospital department (19,6%). Medical malpractice was administered almost with the same frequency on pre-hospital and hospital levels (45,5% against 49,1%). The bigger half of this malpractice on hospital level was revealed during patients approach to the polyclinic (56,9%).
According to physician specialties, medical errors are present in: anesthesiologists (39,3 % of all cases), therapist (21,4 %), obstetri- cians and gynecologists (18,7 %), pediatricians (17,8 %), surgeons (14,3 %).
The most frequent medical errors were diagnostic ones, what is confi in 61,1% of cases, errors in medical records – 46,4%, treatment errors – 40,2%, organizational – 27,7%, deontological – 21,4%. Wrong actions of physicians were rarely unitary and had as- sociation with each other.
The diagnostic errors were insuffi clinical, laboratory and instrumental examination of a patient; underestimation of clinical features of the disease, baselessness of clinical diagnosis, absence of needed special methods of diagnostics and examination.
Treatment defects were associated with mistakes in drug prescription, particularly: excessive dosage, insuffi or excessive infusion volume, unreasonable prescription of big amount of drugs at the same time (polypragmasy).
Among other wrong actions there were the absences of indications for surgery, absences of patients monitoring data, underestimation of patient condition, no predictions of following complications and incorrect prognosis.
Among organizational errors there were the absences of concilium, incorrect hospitalization, violations of rules of patients’ hospitalization, absences or equipment malfunction, insuffi control of diagnostic and treatment process.
The errors among medical records were the absence of rate of pulse, respiratory rate, temperature, absence or insuffi
of additional methods of clinical examination, absence of informed consent, inappropriate diagnosis which didn’t correspond with International Classifi of Diseases.
Among the deontological errors was the incorrect behavior of medical staff with patients or relatives and concealment of anamnesis data by patient.
In one fourth of all cases, the defects were a combination of insuffi and late medical care.
Among the objective reasons of medical errors it was defi the following: the severity of patients status and presence of comor- bidities (32,1% of cases); late appeal for medical care or fast course of the disease (21,4%); diffi of diagnostics or atypical course of the disease (13,4%); patients’ or relatives’ refusal for admission to hospital department (8,0%); patients’ non-adherence of treatment (2,7%). The subjective reasons included incorrect professional actions of medical personnel (9,8%) and its poor quality. The violations were followed by severe consequences such as: the death of a patient (70,6%); severe injuries (2,2%); moderate injuries (8,7%).
Direct or indirect connection between incorrect actions of medical staff and negative consequences was found in 9,8% of cases. Generally, medical errors were combined, specifi during the diagnostics, treatment and keeping medical records. The majority of cases (80%) of medical malpractice was caused by the objective reasons.
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Ahn, Song Ii, Won Lee, and Dong Ho Song. "A Descriptive Study on the Civil Lawsuits of Medical Malpractice Occurred during Psychiatric Ward Treatment." Psychiatry Investigation 17, no. 9 (September 25, 2020): 865–70. http://dx.doi.org/10.30773/pi.2019.0350.
Full textAbstract:
Objective Medical accidents have resulted in actual harm for patients, been costly for health care system, and diminished trust for both patients and practitioners. The present study analyzed malpractice claims related to accidents in psychiatric inpatient units.Methods This study analyzed defendants, cases and plaintiffs or patients characteristics, degrees of injury, and types of accidents in 85 civil malpractice suits filed from 2005 to 2015 with a focus on the methods and locations of suicides.Results Most defendants were psychiatrists (n=43). Of the 85 cases, 56 (65.9%) were decided in favor of the plaintiff, most commonly on the grounds of negligence and violation of sound facility management principles. The most common diagnosis of patients was schizophrenia (n=31). The damages were deaths in 52 cases and injuries or other damages in the remaining 33 cases. The most common accident was suicide (n=28), followed by escape attempts (n=15). The most common suicide method was hanging (n=21), which was usually committed in the private room using objects like door handles.Conclusion To reduce medical accidents, medical staff should monitor high-risk patients closely and constantly. Sufficient numbers of well-trained personnel are required to meet this standard. Reducing environmental hazards such as removing anchor points and installing door locking systems will improve patient safety.
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Franchuk, V. V., and B. V. Mikhaylichenko. "Methodology of the performance of forensic medical examination in cases of medical malpractice litigation." Medicni perspektivi 27, no. 3 (September 30, 2022): 172–80. http://dx.doi.org/10.26641/2307-0404.2022.3.266003.
Full textAbstract:
Forensic medical examination is the main source of evidence in criminal cases related to defects in the provision of medical care. Despite the implementation in Ukraine of the new Criminal Procedural Code and the reform of the law enforcement system, this type of expert activity is not sufficiently regulated up to now. Development of an unified methodology for the organization and conduction of forensic medical examinations in cases of medical malpractice litigation is the goal of the research. On the basis of national legislation, 135 Court decisions and 350 case materials regarding the medical practitioners involved in negligence were investigated, algorithm of the expert commission’s activity is created. The algorithm consists of four sequential stages: preparatory, organizational and informational, analytical and evaluative and final. An acquaintance with the case materials takes place at the preparatory stage. The following problematic issues are normally solved during the 2nd stage of the algorithm: the personnel of the expert commission, an appointed rapporteur, the main disease or injury the claimed patient suffered, the literature data and normative documents that govern the provision of medical care in a particular case. At the analytical and evaluative stage, the features of the pathological process in the victim are clarified, the admitted defects of medical care are established with their expanded expert characteristics. At the final stage, the expert commission draws up an "expert conclusion", in which it states the negative consequences of an admitted defect in medical care, establishes a causal relationship and makes a reasonable conclusion about the main reason for the development of an unfavorable outcome for the patient.
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Barranco, Rosario, Luca Vallega Bernucci Du Tremoul, and Francesco Ventura. "Hospital-Acquired SARS-Cov-2 Infections in Patients: Inevitable Conditions or Medical Malpractice?" International Journal of Environmental Research and Public Health 18, no. 2 (January 9, 2021): 489. http://dx.doi.org/10.3390/ijerph18020489.
Full textAbstract:
Despite numerous measures to contain the infection and limit its spread, cases of SARS-CoV-2 infections acquired in hospitals have been reported consistently. In this paper, we will address issues of hospital-acquired COVID-19 in hospitalized patients as well as medico-legal implications. After having conducted a literature search, we will report on papers on hospital-acquired SARS-CoV-2 infections. Ten scientific papers were selected and considered suitable for further analysis. According to several reports, the SARS-CoV-2 hospital-acquired infection rate is 12–15%. Hospital-acquired COVID-19 represents a serious public health issue, which is a problem that could create reluctance of patients to seek hospital treatment for fear of becoming infected. Healthcare personnel should do all that is necessary to address the problem and prevent further spreading, such as rigorous compliance with all procedures for containing the spread. From a medical-legal point of view, multiple aspects must be considered in order to understand whether the infection is a result of “malpractice” or an inevitable condition.
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Barranco, Rosario, Luca Vallega Bernucci Du Tremoul, and Francesco Ventura. "Hospital-Acquired SARS-Cov-2 Infections in Patients: Inevitable Conditions or Medical Malpractice?" International Journal of Environmental Research and Public Health 18, no. 2 (January 9, 2021): 489. http://dx.doi.org/10.3390/ijerph18020489.
Full textAbstract:
Despite numerous measures to contain the infection and limit its spread, cases of SARS-CoV-2 infections acquired in hospitals have been reported consistently. In this paper, we will address issues of hospital-acquired COVID-19 in hospitalized patients as well as medico-legal implications. After having conducted a literature search, we will report on papers on hospital-acquired SARS-CoV-2 infections. Ten scientific papers were selected and considered suitable for further analysis. According to several reports, the SARS-CoV-2 hospital-acquired infection rate is 12–15%. Hospital-acquired COVID-19 represents a serious public health issue, which is a problem that could create reluctance of patients to seek hospital treatment for fear of becoming infected. Healthcare personnel should do all that is necessary to address the problem and prevent further spreading, such as rigorous compliance with all procedures for containing the spread. From a medical-legal point of view, multiple aspects must be considered in order to understand whether the infection is a result of “malpractice” or an inevitable condition.
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Nugroho, Eriawan Agung, and Anggraeni Endah Kusumaningrum. "Legal Protection for Doctors in Health Service Practices." UNIFIKASI : Jurnal Ilmu Hukum 8, no. 1 (June 30, 2021): 105–12. http://dx.doi.org/10.25134/unifikasi.v8i1.3619.
Full textAbstract:
The advanced developments in technology, information, and knowledge, especially in the fields of health and law, will have a negative impact on the mindset of society, especially in health services. This is proven by the wide variety of demands on medical personnel, the doctors who practice medicine. Cases of suspected malpractice are often over-reported by the mass media and social media. Doctors are seen to have no responsibility or making mistakes in their profession. In fact, all the news that is delivered or written does not necessarily reflect reality. The actions were taken by the doctor corresponds with professional standards and standard for operating procedures. This study aims to explore the analysis of legal protection implementation and its weaknesses in a medical dispute between doctors and patients. This study employed a normative juridical approach by library research. The primary and secondary legal material sources were taken from laws, books, and scientific journals. The findings revealed that in doing medical practice, doctors must fulfill informed consent and medical records. This is to serve as evidence that can exempt the doctors from all lawsuits if malpractice allegations arise. There are many reasons for the repeal of the doctors’ sentences to free them from lawsuits. This includes the risk of medication and medical accidents. In conclusion, a doctor who has carried out his duties based on professional standards, service standards, and standard operating procedures is entitled to proper legal protection based on the value of justice
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Białoń, Piotr, Rafał Bobiński, Michał Szlagor, Robert Kijanka, Tomasz Ilczak, Michał Ćwiertnia, Monika Mikulska, Beata Kudłacik, and Marek Kawecki. "Difficult Decisions on the Cessation of Emergency Medical Treatment – The Lazarus Syndrome in the Practice of Paramedics." Emergency Medical Service 8, no. 3 (2021): 190–93. http://dx.doi.org/10.36740/emems202103110.
Full textAbstract:
Cessation of emergency medical treatment on the basis of symptoms of clinical death and unclear indicators of death can result in numerous adverse phenomena. The currently available medical literature contains descriptions of cases of people with cardiac arrest in whom life function returned several minutes after emergency medical treatment was ceased. In the course of their work, paramedics must be aware of the existence of the auto-resuscitation phenomenon known as the Lazarus syndrome. Although the instance of the phenomenon remains exceptionally low, the possible consequences of an unrecognised case can be devastating. This can result in complaints of professional malpractice, negative reports in the media, as well as mental health issues among medical personnel and patients’ relatives. Medical response team procedures in the case of cessation of emergency medical treatment must contain elements that minimise the possibility of auto-resuscitation, also known as the Lazarus syndrome, from occurring.
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Darmawan, Ricky. "PENEGAKAN HUKUM TERHADAP MALPRAKTEK DOKTER YANG MELAKUKAN ABORSI (STUDI PUTUSAN NO.288/PID.SUS/2018/PN. NJK)." El-Iqthisadi : Jurnal Hukum Ekonomi Syariah Fakultas Syariah dan Hukum 2, no. 2 (June 19, 2020): 15. http://dx.doi.org/10.24252/el-iqthisadi.v2i2.13999.
Full textAbstract:
AbstractMedical actions by doctors who act not in accordance with the rules and applicable moral ethics are now beginning to emerge frequently. At this time, the problem of malpractice in health services began to be discussed by various groups in the community. This can be seen from the many indictments of malpractice cases submitted by the public about the profession of doctors who in carrying out their duties have committed wrong actions that result in losses resulting in death or disability. Medical malpractice, this is related to the task of the doctor or medical personnel under his command intentionally or negligence to do something (active or passive). The problem that the writer takes here is that the malpractice case which the writer carefully sourced from the decision of Nganjuk District Court No.288 / Pid.sus / 2018 / PN NJK, The theory used in this research is the theory of law enforcement. While the method used is empirical juridical legal research, where in analyzing the problem carried out by the method of combining legal materials (Decisions) with primary data obtained in the field. The output of this paper is that the handling of malpractice cases by doctors without the need for procedures according to medical regulations needs to be considered.Keywords: Abortion, Doctors, Law Enforcement, Malpractice.AbstrakTindakan medis oleh dokter yang bertindak tidak sesuai dengan aturan dan etika moral yang berlaku ini kini mulai sering muncul. Pada saat ini, masalah malpraktik pelayanan kesehatan mulai dibicarakan oleh berbagai kalangan dalam masyarakat. Hal itu terlihat dari banyaknya dakwaan kasus malpraktik yang disampaikan oleh masyarakat tentang profesi dokter yang dalam melakukan tugasnya telah melakukan tindakan yang salah yang menimbulkan kerugian yang berujung pada kematian atau cacat. Malpraktik medik, hal ini berkaitan tugas dokter atau tenaga medis yang ada di bawah perintahnya dengan sengaja atau kelalaian melakukan perbuatan (aktif atau pasif). Permasalahan yang penulis ambil disini dimana Kasus malpraktek yang penulis teliti bersumber pada putusan Pengadilan Negeri Nganjuk No.288/Pid.sus/2018/PN NJK, Teori yang digunakan dalam penelitian ini ialah teori penegakan hukum. Sementara metode yang digunakan adalah penelitian hukum yuridis empiris, dimana dalam menganalisis permasalahan dilakukan dengan metode memadukan bahan-bahan hukum (Putusan) dengan data primer yang diperoleh di lapangan. Adapun output dari tulisan ini, bahwa penanganan perkara malpraktek dokter yang diilakukan dokter tanpa danya prosedur sesuai aturan medis perlu di perhatikan.Kata kunci : Aborsi, Dokter, Malpraktek,Penegakan Hukum.
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Isnainul, OK, Mulyadi Mulyadi, and Idwan Harris Siahaan. "CRIMINAL LIABILITY OF MEDICAL RESPONSIBILITY IN HANDLING OF PATIENTS WITH GASTROINTESTINAL DISORDERS." International Journal of Latin Notary 2, no. 02 (March 3, 2023): 117–32. http://dx.doi.org/10.61968/journal.v2i02.40.
Full textAbstract:
Errors that can occur in medical actions from medical personnel include gastrointestinal handling. Gastrointestinal is commonly found in the intensive care unit (ICU). Errors or omissions are an essential element to determine whether or not a person can be sentenced to a crime, as well as in medical malpractice actions, it is largely determined by the presence or absence of negligence or errors of medical personnel in carrying out medical actions against patients, both professionally and legally. The purpose of the study was to analyze “Criminal Liability of Medical Personnel who are Negligent in Handling Patients with Gastrointestinal Disorders”. The results of the study obtained: 1) Criminal provisions against medical personnel who are negligent in handling patients with gastrointestinal disorders are regulated in Article 51 of the Republic of Indonesia Law Number: 29 of 2004 concerning medical practice, where a medical worker is obliged to provide assistance on a humanitarian basis. Looking at these provisions, it can be seen that the medical profession requires special competence and authority because the actions taken contain considerable risks. Medical personnel in carrying out medical procedures already have service standards that serve as guidelines and guidelines that apply to all medical personnel. If the standard is not implemented or implemented but is not in accordance with the required average standard, in the sense of ignoring the obligations stipulated by the applicable laws and regulations and the code of ethics of the medical profession, then it can be said as an error in the form of culpa or negligence. 2) Criminal liability of medical personnel for negligence in handling patients with gastrointestinal disorders is a criminal act by which, of course, can be subject to criminal provisions or sanctions. Criminal provisions that can be applied to medical personnel who are negligent in providing treatment to patients with gastrointestinal disorders are regulated in the general criminal provisions of Articles 267, 299, 304, 322, 344, 346, 347, 348 and Article 349 of the Criminal Code, which includes acts of a deliberate nature. As for what includes negligence, it is stated in Article 359, Article 360, and Article 361 of the Criminal Code, 3) The rights of health workers to the demands of patients with gastrointestinal disorders have been regulated through laws and regulations, namely Article 11 paragraph (1) of the Republic of Indonesia Law Number: 36 of 2014 concerning Health Workers and Article 50 of the Republic of Indonesia Law: Number 29 of 2004 concerning Medical Practice.
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Bączyk-Rozwadowska, Kinga. "Civil Liability for Medical Malpractice. Damage Resulting from Doctor’s Negligence (Breach of Professional Duties)." Prenatal Cardiology 5, no. 4 (December 1, 2015): 43–45. http://dx.doi.org/10.1515/pcard-2015-0008.
Full textAbstract:
Abstract Civil liability for medical malpractice may be attributed either to a doctor or a hospital when any of these persons’ acts or omissions cause injuries to a patient; it may be also the hospital’s liability for the damage caused by negligence of its staff (doctors and other personnel). The rules that govern this liability and the way of compensating the damage are different due to the grounds on which the doctor performs medical services and, in case of hospital’s liability, the relation between a doctor and a health care institution. A doctor who runs his private medical practice bears civil liability individually and is obliged to pay damages if any of his patient suffers injury in connection with the treatment. However, a doctor who acts as employee of a health care institution is protected by the provisions of the Labour Code and exempted from civil liability to a patient. On the other hand, a so-called independent contractor’s liability is joint and several with a hospital that has engaged him. However, case law seems to protect such doctors and treat them as hospital’s employees if certain premises are fulfilled (like de facto subordination of the doctor to the head of the ward).
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Çelik, Melike. "Utilization of nursing clinical decision support systems: An example of Dr. Siyami Ersek Hospital." Cardiovascular Perfusion and Nursing 1, no. 1 (January 5, 2022): 10–19. http://dx.doi.org/10.5606/e-cvpn.2022.103.
Full textAbstract:
Clinical decision support systems (CDSSs) are computer-based programs which support physicians and other health personnel during clinical decision making process. Working integrated with the electronic patient records, as a part of the clinical process, CDSS serves messages, makes suggestions, and helps applying new information to the patient care by analyzing patient-specific clinical variables. The CDSSs propose evidence-based nursing diagnosis to the nurses, ensure that the patient benefits from an individually designed extensive care service, and encompass drug warnings, drug interactions, food interactions, medical malpractice prevention systems, audio-visual warning systems, and statistical and reporting systems. In this article, we describe CDSSs and present type of CDSSs used in the cardiovascular surgery nursing field with relevant application examples.
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Sova, Suchana. "Rescuing Masked Doctor-Patient Relationship Enforced by Covid-19: Integrating Empathy in the Healthcare System." Dhaka University Studies 79, no. 1-2 (December 30, 2023): 99–112. http://dx.doi.org/10.62296/dus202212007.
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Abstract: The Covid-19 pandemic has posed a critical moral challenge for medical professionals due to its highly contagious nature that can cause severe respiratory disease and death. As a result, conventional doctor-patient relationships have collapsed since the pandemic. Patients and medical personnel are negatively impacted when social distancing is enforced due to concerns about viral transmission. How to provide high-quality services and maintain professional moral standards in such critical conditions is discussed in this paper, emphasizing empathy as a key moral virtue for professional practice. As moral philosophers offer and advance persuasive arguments, the definition of empathy has been examined to eliminate ambiguity and highlight the distinctions between emotion, passion, compassion, and sympathy. It has been argued that empathy gives medical professionals direction to take the proper perspective in a critical pandemic like Covid-19. Cases are discussed in relation to actual occurrences to argue the moral virtue of empathy and uphold professional standards in medical practices. Empathy can reduce malpractice claims significantly, increase patient satisfaction, and contribute to the good governance of healthcare service management.
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Budiastuti, Dian Kristanti, Ardiansah Ardiansah, and Yeni Triana. "Tanggung Jawab Dokter Gigi Atas Kelalaian Terhadap Pasien." Law, Development and Justice Review 5, no. 1 (May 17, 2022): 115–27. http://dx.doi.org/10.14710/ldjr.v5i1.16213.
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The purpose of this study was to analyze the legal responsibilities of dental medical personnel to patients based on positive law laws in Indonesia and to analyze the legal consequences of the legal responsibilities of dental medical personnel to patients based on positive law laws in Indonesia. This research method is normative legal research. Data analysis used descriptive qualitative analysis. Where to use library data sources. The conclusion shows that there are still medical dentists in the provision of health services that are not in accordance with standard operating procedures, minimum service standards and do not respect the rights of patients contained in the informed consent. So that dentists who make a mistake, negligence and even medical malpractice can be punished by criminal law, civil law or administrative law. AbstrakTujuan penelitian ini adalah untuk menganalisis tanggung jawab hukum tenaga medis dokter gigi terhadap pasien berdasarkan undang-undang hukum positif di Indonesia serta menganalisis akibat hukum terhadap tanggung jawab hukum tenaga medis dokter gigi terhadap pasien berdasarkan undang-undang hukum positif di Indonesia. Metode penelitian ini yaitu penelitian hukum normatif. Analisis data menggunakan analisis deskriptif kualitatif. Dimana menggunakan sumber data kepustakaan. Simpulan menunjukan masih ada tenaga medis dokter gigi dalam penyelenggaraan pelayanan kesehatan tidak sesuai dengan standar operasional prosedur, standar pelayanan minimal serta tidak menghargai hak-hak pasien yang terdapat dalam informed consent. Sehingga dokter gigi yang melakukan suatu kesalahan, kelalaian bahkan malpraktek medis dapat dihukum secara hukum pidana, hukum perdata atau hukum administrasi.
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Rohman, Arif, and Syafruddin Syafruddin. "MODEL PERLINDUNGAN DAN PEMENUHAN HAK PASIEN TERHADAP PELAKSANAAN INFORMED CONSENT DI INDONESIA." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 31, no. 2 (June 3, 2019): 222. http://dx.doi.org/10.22146/jmh.37504.
Full textAbstract:
Law and health is a different science. But due to the rampant cases that occur related to the practice of medicine, the law contribute in providing solutions for both physicians and patients as consumers of health, although medicine has a code of professional ethics as well as Standard Operations as the basis of doctors in carrying out their work. The legal tools are still needed because in practice, there are many medical malpractices. This study focuses on 2 (two) important things, first, how judges assess the express consent on the implementation of informed consent and secondly, how the model of protection and fulfillment of patient rights in the implementation of informed consent in Indonesi.The research method used is normative legal research, because it is based on health law and the health minister's regulation as the main benchmark in analyzing, then integrates with court decisions relating to medical practices that have occurred in Indonesi.The results of the discussion illustrate that, the main point of doctors and health workers in carrying out their duties is the implementation of concrete agreements both written and oral. Empirical facts show that, doctors do not carry out the procedure because the patient is unconscious when will be a medical action. Judex Facti's consideration is entirely based on information and documents made unilaterally by doctors without medical records, this is in violation of the provisions of Article 2 paragraph (3) and (4) Regulation of the Minister of Health Rl Number 585 / Men.Kes / Per / IX / 1989 concerning medical approval. Second, the model for protecting patient rights in law enforcement is applying reverse evidence to doctors as defendants of malpractice in relation to the fulfillment of informed consent, because the medical profession is able to explain. From several cases, it appears that the judge's decision is not fundamental to informed concent, but tends to the negligence aspect of the doctor or medical personnel by referring to Article 359 of the Criminal Code, is negligence also called error, lack of caution.
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Trisnadi, Setyo. "PERLINDUNGAN HUKUM PROFESI DOKTER DALAM PENYELESAIAN SENGKETA MEDIS." Jurnal Pembaharuan Hukum 4, no. 1 (April 15, 2017): 24. http://dx.doi.org/10.26532/jph.v4i1.1656.
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This study aims to explore the analysis of the application of legal protection and its weaknesses in the settlement of medical disputes between physicians and patients today. Descriptively analytical and empirical juridical approaches, and using constructivism paradigm,it is hoped that the authors can describe various primary and secondary data to reconstruct the legal protection of the physician profession in the settlement of medical dispute between physicians and patients based on the value of justice. In the resolution of medical disputes between physicians and patients as set forth in Article 50 of Law No. 29 of 2004 on Medical Practice and Article 57 Law No. 36 Years of Health Personnel has not fully provided protection for doctors, because in practice the handling of alleged malpractice cases by the police investigator will certainly use the procedures or procedures in the KUHAP as a reference, this is because the Law does not regulate how to be in the event of suspicion that doctorsviolate articles In UUPK. The Government and House of Representatives are expected to make improvements to Law No. 29 of 2004 on Medical Practice, by making regulations on “procedural arrangements” ranging from inquiry, investigation, prosecution if necessary to verdict.
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Berchanskiy, Kirill Alekseevich. "Causation in criminal medical malpractice: a conflict of forensics and criminal law in the Russian Federaion." SENTENTIA. European Journal of Humanities and Social Sciences, no. 2 (February 2021): 1–23. http://dx.doi.org/10.25136/1339-3057.2021.2.34426.
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The subject of this study is the judicial practice of Russian courts on cases commeneced against medical personnel under the Part 2 of the Article 109 of the Criminal Code of the Russian Federation – infliction of death by negligence due to improper performance of professional duties. The subject of research also includes the legal framework on the procedure for conducting forensic medical examination in the Russian Federation, medical legislation, as well as the relevant provisions of the Criminal code of the Russian Federation. The scientific novelty of this research connsists in the comprehensive approach towards its implementation, including the analysis of the current judicial practice of Russian courts on medical malpractice. As a result of this analysis, the main problems that Russian courts face when assessing the causal relationship in iatrogenic crimes, primarily committed by omission, were identified. Through a detailed analysis of the laws and bylaws governing the procedure for conducting a forensic medical examination, the author has identified possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in jurisprudence. Also, using the historical method of interpretation, the author revealed the existence and causes of significant contradictions in the relevant legislation. Using a comparative-analytical method applied to the Russian criminal and forensic legislation, the main problems that hinder the effective and fair consideration of iatrogenic cases at the moment are identified, and ways to solve them are proposed depending on the state's priorities in criminal policy.
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T. Subarsyah. "MENYOAL PERTANGGUNGJAWABAN HUKUM PIDANA TERHADAP TINDAKAN MALAPRAKTIK KEDOKTERAN DI TENGAH PANDEMI COVID-19 DI INDONESIA." Mimbar Hukum 34, no. 1 (June 30, 2022): 32–57. http://dx.doi.org/10.22146/mh.v34i1.2257.
Full textAbstract:
Abstract Indications of malpractice by medical personnel when handling Covid-19 cases are in the public spotlight quite seriously. These actions are feared to be a bad image and a frightening specter for patients and the general public. This paper aims to answer the doctor's criminal responsibility due to negligence in handling the health of patients infected with Covid-19. The approach method is normative juridical by examining the legislation, and various legal literature that supports writing. The result of the study is a description of the doctor's responsibility due to negligence from the juridical aspect in the form of analytical descriptive. As for the conclusions, the impact of malpractice and the responsibility of doctors in terms of criminal, civil and code of ethics. AbstrakIndikasi adanya tindakan malapraktik oleh tenaga medis saat penanganan kasus Covid-19 menjadi sorotan publik yang cukup serius. Tindakan tersebut dikhawatirkan menjadi citra buruk dan momok menakutkan bagi pasien dan masyarakat umum. Tulisan ini bertujuan untuk menjawab pertanggung jawaban pidana dokter akibat kelalaian penanganan kesehatan pasien yang terinfeksi Covid-19. Metode pendekatan melalui yuridis normatif dengan menelaah peraturan perundang-undangan, dan berbagai literatur ilmu hukum yang mendukung tulisan. Hasil telaah berupa gambaran pertanggung jawaban dokter akibat kelalaian dari aspek yuridis dalam bentuk deskriptif analitis. Adapun kesimpulan, dampak malapraktik dan pertanggung jawaban dokter dari sisi pidana, perdata dan kode etik.
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Hong, Tae-Seok. "Criteria for Judgment of Negligence in Medical Accidents and Countermeasures: Reference to the cases of Japan and the United States." Wonkwang University Legal Research Institute 29 (June 30, 2023): 51–85. http://dx.doi.org/10.22397/bml.2022.29.51.
Full textAbstract:
Medical accidents are occurring frequently. This is a problem of negligence and there are many difficulties in proving it. Medical accidents are related to negligence offenders, and in some cases, the sentence is lighter than intentional offenders or there are no regulations at all. For such medical accidents, the victim or the victim's family may suffer damage that they do not need to suffer, which may not only be mentally difficult, but also difficult to prove. On the other hand, from the standpoint of medical staff, if criminal punishment for medical accidents is strengthened, it is not easy to strengthen criminal punishment as it can be passively treated.
In recent years, a series of serious medical negligence cases have led to a lot of discussions on the prevention of this and criminal responsibility for medical personnel, and cases of medical negligence are often leading to criminal cases.
In recent years, it is pointed out that even if criminal responsibility is removed for medical negligence, the prevention effect of medical accidents does not improve the quality of medical care, and for example, it does not function as a normal medical system by reducing emergency medical care and passing on patients.
Meanwhile, medical malpractice cases in the United States are often not subject to criminal punishment. However, even in the United States, criminal prosecutions for medical negligence have not been carried out at all, and in particular, medical negligence cases seem to be on the rise recently. Although the number of medical malpractice cases has been on the rise since the 1980s, it seems to be quite small compared to Japan. However, in the United States, in addition to the punishment for medical negligence, there are various systems including sanctions, which cannot be simply compared with Japan.
As mentioned above there are many cases of medical negligence, but an in-depth discussion is needed on the issue of criminal responsibility for this. Since the U.S. and Japan also have different systems of negligence, it is thought that it will be meaningful to review the criteria for judging medical negligence and countermeasures. Therefore, in this paper we reviewed what the criteria for judging negligence in the United States and Japan are and how they respond to medical negligence.
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Xue, Huzhi, and Runtong Zhang. "Quantitative Research on the Satisfaction of Shared Medical Equipment Under Sharing Economy." Advances in Economics and Management Research 3, no. 1 (January 11, 2023): 126. http://dx.doi.org/10.56028/aemr.3.1.126.
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Background: Shared medical equipment is one of the developments related to sharing economy, which can effectively reduce the excessive waste of medical resources. Different people have different expectations. In other words, people’s responses influence the development. Therefore, identifying the expectations of different groups can provide guidance for the development of shared medical equipment. Methods: This study establishes a research model consisting of four personal characteristic indexes (identity, income, gender and age), four factors (financial affairs, sanitation, convenience and policies), and eight secondary indexes (rental price, diversified methods of payment, equipment disinfection, utility loss in transit, supporting services, scheduling efficiency, rights protection of damage and rights protection of medical malpractice). These data involved 337 effective Chinese participants and are analysed and tested through factor analysis, entropy method and nonparametric tests. Results: Factor analysis reclassifies eight secondary indexes and corrects four latent ones. There is no significant difference in the expectation of shared medical equipment among people of different ages, incomes and genders. Patients have the highest expectation (1.461). This is followed by personnel in medical industry, while ordinary people have the lowest expectation (1.448). People are most concerned about the disinfection degree of shared medical equipment, and least concerned about equipment scheduling efficiency. Conclusions: We propose a method to quantify the expectation of shared medical equipment. We also get the weight of each factor and determine the factor that people care more about. To maximize the benefits, different strategies are supposed to be introduced for different people according to their expectations.
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Spiridonov, Valeriy A., and Andrei A. Anisimov. "Clinical and legal analyzes of adverse cases in medical care on criminal cases: an innovative educational activity." Russian Journal of Forensic Medicine 7, no. 2 (July 2, 2021): 120–26. http://dx.doi.org/10.17816/fm330.
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Background: Currently, the Russian Federation is facing an especially acute problem of medical personal undergoing criminal liability (CL) owing to inappropriate medical care. Aim: The goal is to analyze the level of legal training among the Kazan State Medical University (KSMU) students in matters of possible CL resulting from medical malpractice. Material and methods: From January 1, 2018, to March 30, 2018, we surveyed 426 students of KSMU. The survey questionnaire included questions on Russian legislation, the materials of forensic medicine, open investigative, and forensic practice. In total, 122 first-year (28.6%), 51 second-year (12%), 63 third-year (14.8%), 58 fourth-year (13.6%), 68 fifth-year (16%), and 64 sixth-year students (15%) were questioned. Results: Overall, 272 respondents (64%) considered that there should be no CL for medical personnel. In addition, 392 (92%) students were unaware of the Criminal Code articles used to prosecute medical workers. A possibility of CL scared 204 (48%) students from practicing. Moreover, 342 (80%) respondents noted that the study of medical error cases would reduce the number of such cases in future practice. We have introduced a new educational project Medica Law Clinic at the KSMU Forensic Medicine Department. Its goal is to ensure increase legal and professional training among students through a comprehensive analysis of criminal medical cases. The work presents the personal experience of eight educational events. Conclusions: Our findings revealed a need to increase the level of legal training among students of medical universities regarding criminal matters. A comprehensive analysis of criminal medical cases is a progressive pedagogical format that has proven its efficacy in the Republic of Tatarstan.
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Kai, Soichiro. "Emergency Medical Teams in ASEAN Region - Challenges for Global EMT Classification." Prehospital and Disaster Medicine 34, s1 (May 2019): s24—s25. http://dx.doi.org/10.1017/s1049023x19000682.
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Introduction:Quality assurance of Emergency Medical Teams (EMTs) is a world concern. The World Health Organization (WHO) published an international guideline for EMTs in 2013 and started the global EMT classification, a quality assurance program for EMTs, in 2015. There are 16 classified EMTs in the world as of October 2018. The Association of Southeast Asian Nations (ASEAN) region is a disaster-prone area. Therefore, the need for EMTs is relatively high. However, there is no classified EMT in the ASEAN region. Factors that prevent the global classification of EMTs in the ASEAN region are unknown.Aim:The objective of this study was to analyze the inhibitory factors of the global EMT classification in the ASEAN region.Methods:A questionnaire survey was taken to the 10 national groups of ASEAN countries. Each group consisted of EMT-related personnel. They were 39 participants for the third AMS Training of the ARCH Project held in May 2018. 10 national groups were asked to answer whether governmental EMT of their country is able to meet the criteria for the EMT global classification. The criteria were written in the WHO-provided minimum standard self-assessment checklist for the Type 1 fixed EMT.Results:Among 39 categories in the self-assessment checklist, 5 were the most difficult categories to meet the criteria: [Core Standards] Self-sufficiency, Sanitation, and Waste Management; Indemnity and Malpractice; [Technical Standards] Logistics; EMT Capacity.Discussion:There are some limitations to the study. Non-governmental EMTs were not covered. Participants of the training were not at the official EMT focal point for the global EMT classification. Logistical requirements may be inhibitory factors of the global EMT classification in the ASEAN region.
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Purwadianto, Agus, Ade Firmansyah Sugiharto, Fitri Ambar Sari, Roberia, Uud Cahyono, Yuli Budiningsih, Denys Putra Alim, and Nadia Ulfah Faddila. "Ethicomedicolegal aspects of the COVID-19 health services in preparing regulations and intermediaries for clinical dispute resolution: a systematic review." Medical Journal of Indonesia 31, no. 1 (April 22, 2022): 38–49. http://dx.doi.org/10.13181/mji.oa.225718.
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BACKGROUND The COVID-19 pandemic has caused many medical, ethical, and medicolegal changes, including constant adjustments in service guidelines. Continuing to revise healthcare regulations and guidelines can potentially cause clinical disputes or medical negligence that require ethical and legal solutions. This study aimed to determine the ethical and medicolegal aspects of the potential factors that cause clinical disputes during the pandemic and provide anticipative solutions to national ethicomedicolegal policies.
METHODS A systematic literature search in PubMed, ScienceDirect, ClinicalKey, and Google Scholar was performed using keywords “clinical dispute,” “ethics,” “medicolegal,” “ethicolegal,” and “COVID-19”. The inclusion criteria were articles that contained information on shortage, justice, ethical distribution in intensive care, the possibility of lawsuits and disputes among stakeholders during the pandemic, and stakeholders’ roles in managing the pandemic. Key evidence was analyzed and synthesized following national ethicomedicolegal policies.
RESULTS We identified 19 articles from the 4 databases. Based on the literature, the main ethicomedicolegal impact of the COVID-19 pandemic appears in 3 aspects: (1) a shortage of fair and ethical intensive care services with fair and ethical distribution efforts, (2) legal protection for medical personnel from legal charges while providing health services during the pandemic, and (3) the government’s role in managing the pandemic together with the stakeholders involved.
CONCLUSIONS Ethicomedicolegal clinical dispute management and its norms require an update, especially when deciding the complexity of COVID-19 service standards. Ethicomedicolegal professionals are needed as intermediaries to manage cases of clinical disputes and to implement fair malpractice criteria in Indonesia.
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Pakanen, Lasse, Noora Keinänen, and Paula Kuvaja. "Presumed adverse events in health care are a frequent indication for medico-legal autopsy in Finland." Forensic Science, Medicine and Pathology 16, no. 1 (November 18, 2019): 65–70. http://dx.doi.org/10.1007/s12024-019-00193-4.
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AbstractThe medico-legal autopsy is an essential tool in investigating deaths caused by an adverse event in health care, for both clinical risk management and for professional liability issues. However, there are no statistics available regarding the frequency of autopsies performed due to suspected adverse events. This study aimed to determine the number of medico-legal autopsies done because of presumed adverse events, whether these events were unintentional, medical errors or cases in which malpractice was suspected. Furthermore, differences in treatment types, causes and manner of death were analyzed. The data was obtained from all medico-legal autopsies performed in Northern Finland and Lapland during 2014–2015 (n = 2027). Adverse events were suspected in 181 (8.9%) cases. The suspicions of an adverse event occurring were most often related to medication, gastrointestinal surgery and orthopedic surgery. The manner of death was classified as medical (or surgical) treatment or investigative procedure in 22 (12.2%) cases. The causes of death were completely unrelated to the suspected adverse event in 41 (22.7%) cases. In conclusion, the frequency of presumed adverse events was quite high in this data set, but in the majority of the cases, the suspicion of an adverse event causing death was disproved by an autopsy. Nonetheless, proper investigation of these cases is essential to ensure legal protection of the deceased, next of kin and health care personnel, as well as to support clinical risk management.
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Calvo Aguilar, Omar, Marta Torres Falcón, and Rosario Valdez Santiago. "Obstetric violence criminalised in Mexico: a comparative analysis of hospital complaints filed with the Medical Arbitration Commission." BMJ Sexual & Reproductive Health 46, no. 1 (November 5, 2019): 38–45. http://dx.doi.org/10.1136/bmjsrh-2018-200224.
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IntroductionDisrespect and abuse during childbirth have been reported by numerous countries around the world. One of their principal manifestations is the performance of invasive or surgical procedures without the informed consent of women. Non-dignified treatment is the second most common form of this conduct. Five Mexican states have classified obstetric violence as a crime: Aguascalientes, Chiapas, Guerrero, the State of Mexico and Veracruz. The others have not yet done so although it is provided for in their civil and administrative regulations.ObjectiveTo analyse whether criminalising obstetric violence has been conducive to the recognition and observance of the reproductive rights of women, based on the records of poor health care complaints filed by women with the Medical Arbitration Commissions (CAMs by their Spanish initials) in two Mexican states.Materials and methodsWe conducted an observational qualitative study using a phenomenological approach. Analysis included two states with similar partner demographic and maternal health indicators but different legal classifications of obstetric violence: the Chiapas has criminalized this form of violence while Oaxaca has not. We reviewed the records of obstetric care complaints filed with CAMs in both states from 2011 to 2015, all of them concluded and including full information.ResultsDifferences were observed regarding the contents of complaints, specifically in the categories of abuse, discrimination and neglect during childbirth. The narratives in the other complaint categories were similar between states.ConclusionAfter analysing the records of malpractice complaints in Chiapas and Oaxaca, we conclude that the differentiated legal status of obstetric violence has not influenced recognition or observance of the reproductive rights of women. Criminalising obstetric violence has not improved care provided by health personnel.
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Victoria, Tawose Oluwatomisin, Alawale Oluwabukola, Ayinde Abayomi Oluwasegun, Abbas Olaniyi Gbolahan, and Aknifemi Akinyode. "Perception of Medical Error Among Resident Doctors at the University College Hospital (Uch), Ibadan." European Journal of Medical Genetics and Clinical Biology 1, no. 1 (May 8, 2023): 57–77. http://dx.doi.org/10.61796/jmgcb.v1i1.109.
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To enhance the standard of patient care, it is necessary to look into the complex issue of resident doctors' perceptions of medical error at tertiary hospitals. To foster a culture of safety in medical practice, medical mistake must be addressed in Nigeria, where it is a major contributor to patient mortality and morbidity. Therefore, this study aimed to determine the perception of medical error among resident doctors in the University College Hospital, Ibadan. In order to choose a sample of 302 resident doctors from a pool of 515 at the University College Hospital (UCH), a two-stage sampling approach was used. The research methodology used in this study was a cross-sectional survey employing a pretested self-administered semi-structured questionnaire. At the 0.05 level of significance, data were analyzed using descriptive statistics as well as inferential statistics like chi-square 228 (75.5%) of the responders were men, and 74 (24.5%) were women. Approximately 33.4% of the respondents were pre-part 1, 64.9% of resident doctors were post-part 1, and 1.7% were post-part 2 of their fellowship tests. The majority of responders (82.1%) had between one and three years of resident doctor experience. A majority (70.2%) of the respondents reported that misdiagnosis generally often occur in a medical setting. About 40.4% of the respondents said that delayed diagnosis is the most common type of medical error in the institution. There was a statistical significant association between the frequency of occurrence of delayed diagnosis and the departments of the resident doctors (X²=16.892, P<0.001). A majority (62.3%) of respondents reported that high work load, ill-equipped facility, work environment, patient factor and institutional factors influence their daily medical practice. Most (88.1%) of the respondents believed prevention of medical error is very crucial in the healthcare system. About 31.5% of the respondents indicated that continuous education on preventing and managing medical error was not adequately provided for resident medical doctors. The institution needs to invest in better-equipped facilities that will support high-quality patient care, continue medical education to advance medical knowledge and skills related to medical error, deploy more medical personnel to lessen the burdensome workload on current staff members, and establish proactive error avoidance strategies for the management of medical malpractice. This will thus improve the quality of healthcare delivery and reinforce possible standards of care that are evidence-based against medical error.
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Dinas, Konstantinos, Eleftherios Vavoulidis, Georgios Chrysostomos Pratilas, Alexandros Basonidis, Anastasios Liberis, Leonidas Zepiridis, Alexandros Sotiriadis, et al. "Greek gynecology healthcare professionals towards quality management systems." International Journal of Health Care Quality Assurance 32, no. 1 (February 11, 2019): 164–75. http://dx.doi.org/10.1108/ijhcqa-05-2017-0083.
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Purpose Today, quality management systems (QMS) are a promising candidate for the improvement of healthcare services. The purpose of this paper is to investigate the opinions/attitudes of gynecology healthcare professionals toward quality and quality management in healthcare facilities (HFs) in Greece. Design/methodology/approach An anonymous self-administered questionnaire was distributed to healthcare professionals, asking for opinions on quality objectives associated with the everyday workflow in HFs (e.g. management of patients, resources, etc.) and on QMS. The study was conducted in Hippokration Hospital of Thessaloniki, including 187 participants. Statistical assessment and analysis of the questionnaires were carried out. Findings Although 87.5 percent recognized the importance of potential QMS implementation and accreditation, over 50 percent believed that it would lead rather to increased workload and bureaucracy than to any considerable quality improvement. More than 60 percent were completely unaware of the implementation of quality objectives such as quality handbook, quality policy, audit meetings and accreditation status in their HFs. This unawareness was also reported in terms of patient, data, human and general resources management. Finally, awareness over medical malpractice and positive attitude toward official reporting were detected. Originality/value Most respondents acknowledged the significance of quality, QMS implementation and accreditation in Greek hospitals. However, there was a critical gap in knowledge about quality management objectives/processes that could be possibly resolved by expert teams and well-organized educational programs aiming to educate personnel regarding the various quality objectives in Greek HFs.