BALANCING BIOMEDICAL ETHICS AND LEGAL PROTECTION: DOCTOR’S SHIELD IN PERFORMING MEDICAL ACTIONS

Abstract

In order to protect themselves from the possibility of being accused of criminal acts of malpractice, doctors perform a condition called defensive medicine; situation when doctors being extremely selective about their patients. Patients believe that every failure in medical practice is the consequence of a doctor's actions, which are labeled as malpractice or medical carelessness. This condition is fueled by the rising number of allegations made against doctors. The objective of this research is to establish how Beauchamp's bioethical ideas apply to the legal protection of doctor. This research is a normative legal research, which uses statute approach and conceptual approach. From this study, the writer found that doctors who have performed their tasks in line with moral standards, ethical standards, and operational standards are entitled to legal protection. The doctor is not liable if a medical risk occurs. Legal protection with the principles of bioethics provide a framework for ensuring that doctor-patient interactions can proceed fairly, with dignity and respect for human values.