Malpractice is a mistake in running a profession as a doctor, dentist, and veterinarian. Malpractice is the result of indifference, negligence, or lack of skills, inadvertent in carrying out professional duties, in the form of intentional violations, violations of law or ethical violations. Medical malpractice is a doctor or person under his command intentionally or negligently committing an act (active or passive) in the practice of medicine to his patients at all levels that violate professional standards, standard procedures, medical professional principles, or by breaking the law. Generally, medical practices are already have some rules that set how they work, but still, there are many medical personnel that doing this malpractice, in fact we should be shaming victims of medical malpractice.
Consists of 4 elements that must be determined to prove that malpractice or negligence has occurred
- Obligation: at the time of the injury related to its obligations, namely the obligation to use all knowledge and its intelligence to cure or at least ease the burden of the suffering of the patient based on professional standards.
- Breach of the duty (Not fulfilling obligations): violations occur in connection with their obligations, meaning that they deviate from what should be done according to their professional standards.
- Proximate caused (cause-effect): a violation of its obligations causes or is related to injury suffered by the client.
- Injury (injury): someone has an injury or damage that can be prosecuted.
Type of Malpractice
Based on the nature of malpractice is a bad practice or not in accordance with the professional standards that have been set, then there are various malpractices that can be studied based on the legal provisions that are violated, although sometimes the term malpractice can directly cover two or more types of malpractice. Broadly speaking malpractice is divided into two broad categories, medical malpractice, which usually includes ethic malpractice and juridical malpractice. While juridical malpractice is divided into three, namely civil malpractice, criminal malpractice and state administrative malpractice.
- Medical malpractice
John.D.Blum formulates: Medical malpractice is a form of professional negligence in which miserable injury occurs to a plaintiff patient as the direct result of act or omission by defendant practitioners.
- Ethical malpractice
Ethical malpractice is an act of a doctor that is contrary to medical ethics, as regulated in the Indonesian medical code of ethics which is a set of ethical standards, principles, rules, norms that apply to doctors.
- Juridical malpractice
is a violation or negligence in the implementation of the medical profession that violates the provisions of the applicable positive law.
Recommendations for avoiding malpractice
- Medical personnel must continue to improve their knowledge and skills in various aspects in order to make clinical and theoretical decisions in order to provide safe services and to satisfy their clients.
- Medical personnel are obliged to provide detailed and honest information in a form that can be understood by women using alternative media and translators, if necessary in the form of face to face meetings.
- Medical personnel and other health workers need to learn to help women train themselves in using their rights and accept responsibility for the decisions they make themselves.
- By focusing on female-centered care and based on facts, it is hoped that conflicts can be reduced as low as possible.
- There is no need to fear conflict but consider it an opportunity to give each other and perhaps an objective reassessment, partnering with women from the care system and a positive pressure.