Legal Protection for Patients in Cases of Negligence of Health Workers: A Study on Private Hospitals in Indonesia

Abstract

Cases of negligence of health workers in private hospitals raise serious problems related to legal protection 

for patients. This study aims to analyze the forms of legal protection available, the obstacles faced by patients, 

and alternative solutions in cases of medical negligence in Indonesian private hospitals. A qualitative approach 

with a case study design was used through in-depth interviews, observations, and document analysis at two 

private hospitals in West Java. The results of the study show that normative legal protection has been regulated 

in the 2023 Health Law and the Hospital Law, but its implementation is still weak. Informed consent is more 

practiced as an administrative formality, patient complaint units are less effective, and mediation mechanisms 

are rarely used. The main obstacles include low legal literacy of patients, the dominance of health workers in 

power relations, and the economic interests of private hospitals. This study emphasizes the need to improve 

patient legal literacy, legal-medical communication training for health workers, and optimize non-litigation 

mechanisms as a form of real protection. The implications of this study emphasize the importance of the active 

role of hospitals and the government in ensuring that patients' rights are protected, so that the social functions 

of hospitals can run in balance with business orientation.