LEGAL IMPLEMENTATION OF MALPRACTICE CASES IN ONLINE BASED HEALTH SERVICES IN INDONESIA

Abstract

The implementation of health services always has the potential to pose risks that can harm patients, including health services based on online health services. Online health services are a form of electronic-based health services so that doctors and patients do not meet in person. Currently, there are 3 laws and regulations that regulate online health services, namely Permenkes No. 20 of 2019, Decree of the Minister of Health Number HK.01.07/MENKES/4829/2021 concerning Health Service Guidelines. Through online health services during the Corona Virus Disease 2019 Pandemic, and Regulation No. 74 of 2020. This article discusses the legal relationship and risks of providing online health services as well as legal protection for patients who suffer malpractice losses in these services.  In the implementation of online health services, there is a legal relationship between patients, doctors, and platforms. Regarding the legal protection provided to patients of online health service platforms as consumers of health service service users, they can claim compensation from platform providers in accordance with the provisions of the Consumer Protection Law. Users of online health platform services can choose the desired settlement mechanism either through litigation in accordance with Article 47 of the Consumer Protection Law or non-litigation as stipulated in Article 48 of the Consumer Protection Law. Then related to misdiagnoses made by doctors on online health service platforms, they can also be held accountable by submitting complaints to the Indonesian Medical Discipline Honorary Council in accordance with what has been affirmed through Article 66 of the Medical Practice Law