Mediation as an Alternative to Medical Dispute Settlement in Hospitals

Q1 Arts and Humanities
Hotma Banjarnahor, Helvis Helvis
{"title":"Mediation as an Alternative to Medical Dispute Settlement in Hospitals","authors":"Hotma Banjarnahor, Helvis Helvis","doi":"10.37680/almanhaj.v5i1.2359","DOIUrl":null,"url":null,"abstract":"Mediation is one way to try to solve a disagreement. In this process, both sides agree to bring in a neutral third party to act as a mediator.The purpose of this research is to examine the case of Deed of Peace No. 001/AP/III/2021, in which a lawsuit was filed against the doctor due to malpractice that resulted in the death of the patient. As for the method that researchers uses an empirical legal approach, and the type of legal study is a full analysis of primary, secondary, and tertiary legal materials. The research and talk about it have led to a scientific work that is complete, clear, detailed, and well organized. Empirical Legal Research is a legal research method that uses empirical facts derived from human behavior, including both verbal behavior obtained through interviews and direct observation of real behavior. Empirical research is also used to look at the results of people's actions by looking at physical remains and old records. The results of this study are the constraints on the implementation of malpractice settlements in Deed of Peace No. 001/AP/III/2020 that are internal and external. Obstacles from within (internal) in the form of a lack of commitment and intention on the parties' part to reconcile While the inhibiting factors from outside (external) are the inability of the mediator to reconcile, the existence of advocates who seek profit by choosing the court route, and the absence of a special institution that is domiciled as a legal institution in each hospital, such as hospital ethics and law committees.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"8 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Al Ihkam Jurnal Hukum Pranata Sosial","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.37680/almanhaj.v5i1.2359","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"Arts and Humanities","Score":null,"Total":0}
引用次数: 0

Abstract

Mediation is one way to try to solve a disagreement. In this process, both sides agree to bring in a neutral third party to act as a mediator.The purpose of this research is to examine the case of Deed of Peace No. 001/AP/III/2021, in which a lawsuit was filed against the doctor due to malpractice that resulted in the death of the patient. As for the method that researchers uses an empirical legal approach, and the type of legal study is a full analysis of primary, secondary, and tertiary legal materials. The research and talk about it have led to a scientific work that is complete, clear, detailed, and well organized. Empirical Legal Research is a legal research method that uses empirical facts derived from human behavior, including both verbal behavior obtained through interviews and direct observation of real behavior. Empirical research is also used to look at the results of people's actions by looking at physical remains and old records. The results of this study are the constraints on the implementation of malpractice settlements in Deed of Peace No. 001/AP/III/2020 that are internal and external. Obstacles from within (internal) in the form of a lack of commitment and intention on the parties' part to reconcile While the inhibiting factors from outside (external) are the inability of the mediator to reconcile, the existence of advocates who seek profit by choosing the court route, and the absence of a special institution that is domiciled as a legal institution in each hospital, such as hospital ethics and law committees.
调解作为医院医疗纠纷解决的一种选择
调解是解决分歧的一种方法。在这个过程中,双方同意引入一个中立的第三方作为调解人。本研究的目的是审查第001/AP/III/2021号和平契约案,在该案中,由于医疗事故导致患者死亡,对医生提起了诉讼。在方法上,研究者采用实证法学方法,法学研究的类型是对一级、二级和三级法律材料的全面分析。对它的研究和讨论导致了一项完整、清晰、详细和组织良好的科学工作。实证法律研究是一种利用从人类行为中获得的经验事实的法律研究方法,既包括通过访谈获得的口头行为,也包括对真实行为的直接观察。实证研究也用于通过观察实物遗骸和旧记录来观察人们行为的结果。本研究结果从内部和外部两个方面对第001/AP/III/2020号和平契据中不当行为解决方案的实施进行了约束。来自内部(内部)的障碍,表现为双方缺乏和解的承诺和意愿;而来自外部(外部)的抑制因素是调解员无法和解,存在通过选择法院途径寻求利益的辩护人,以及每家医院缺乏作为法律机构注册的专门机构,如医院道德和法律委员会。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
Al Ihkam Jurnal Hukum  Pranata Sosial
Al Ihkam Jurnal Hukum Pranata Sosial Arts and Humanities-Religious Studies
CiteScore
2.50
自引率
0.00%
发文量
18
审稿时长
16 weeks
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信