Category: Health Care & Medical

Factors That Cause the Action of the Practice Mall

Factors That Cause the Action of the Practice Mall

The former medical world seemed unreachable by law, with the development of public awareness of its need for legal protection making the world of medicine not only as a civil relationship, it even developed into a criminal problem.

Many of the malpractice problems that we encounter, on the legal awareness of patients are appointed as criminal problems. Based on this,we need a thought and steps that are wise so that both parties, both doctors and patients, obtain legal protection that is as fair as fair. And if you need a lawyer, Miami medical malpractice attorney is the right place for you, they are lawyers who are experts in this field.

Letting this issue drag on will have a negative impact on medical services which will ultimately harm the community as a whole.

What is malpractice? Malpractice is a type of negligence ingenerally accepted professional standards, and violations of duties that causea person to suffer a loss. This is done by a professional or subordinate, anagent on behalf of a client or patient that causes harm to the client orpatient.

Types of Malpractice

1. Criminal malpractice

A person’s actions can be included in the category of criminalmalpractice when the act fulfills the formulation of criminal offenses, namely:

  • This act (positive act or negative act) is a disgraceful act.
  • Done with the wrong mental attitude (mans rea) in the form of intentional, carelessness or negligence.

2. Civil Malpractive

A health worker will be called to do civil malpractice if he does not carry out obligations or does not give his performance does not give his performance as agreed (broken promise). The actions of health workers who can be categorized as civil malpractice include:

  • Do not do what according to the agreement must be done
  • Do what according to the agreement must be done but do it too late.

Factors CausingActions of Practice Malls

Mal Practice is an error in taking medical action carried out by medical professionals and amateur medical personnel either intentionally or unintentionally.

Practice malls can occur due to the following factors:

  • The lack of experience of medical personnel causes opportunities for medical errors (malls of practice) when giving action to patients such as for example, medication errors, procedural errors that should be done.
  • Adversity diagnosis can be fatal for patients, the consequences can vary, such as paralysis, internal organ damage, and can also be fatal which leads to death.
  • Factors of incompetence, this factor can occur due to negligence of the medical officer, or perhaps the medical staff’s inaction when handling patients.
Things You Need to Know About Malpractice

Things You Need to Know About Malpractice


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.


Malpractice element

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