Medical Dispute Resolution Model Through Hospital Mediation in Indonesia

Abstract

This research aims to provide a concept of hospital mediation in medical dispute resolution in Indonesia. This research is a normative legal research using legislative approach, case approach and comparative legal approach. The comparative law approach is based on medical dispute resolution in Japan which has used hospital mediation as the basis for medical dispute resolution. The results showed that Hospital Mediation in hospitals whose members consist of health/non-health workers who work in the hospital. However, what needs to be observed is who can become a member and what/how the position of the appointed member is, because this concerns the existence and continuation of the institution itself. This is to avoid the impression that if the appointed members are internal hospital personnel, it is feared that they will still try to protect their colleagues and not fight for the interests of patients. Likewise, in appointing a mediator, it is necessary to pay attention to the requirements that must be met, because the position of the advisor/mediator has an important role in the successful resolution of disputes between patients and doctors/hospitals. A neutral advisor, specialised in health/medical law and legal procedure is appointed to assist the hearing and provide insights on how Hospital Mediation can work to balance the interests of the patient, doctor and hospital. Hospital Mediation has the further advantage and benefit of directly engaging the parties in the assessment of their disputed material through information provided in a concise presentation. Where the foresight and experience of an advisor is required to be able to explain the position or position of each party in a medical dispute between patients, doctors and hospitals. Hospital Mediation must have advantages, among others, it can be directly controlled/supervised by hospital management/Hospital Director, the procedure is easy, fast, short and the results can accommodate the aspirations and interests of patients and doctors.