Institutional Responsibility of Hospitals for Medical Errors Committed by Healthcare Personnel

Abstrak

This study examines the institutional liability of hospitals for medical errors committed by healthcare personnel through the application of the principle of vicarious liability within both public and private healthcare services in Indonesia. Employing a qualitative literature-based method with thematic synthesis, the research analyzes regulatory frameworks and institutional practices. The findings indicate that the legal foundation for institutional responsibility is rooted in Article 1367(3) of the Indonesian Civil Code, as well as statutory regulations such as Law No. 44/2009 and Law No. 17/2023. However, in practice, implementation faces several obstacles, including ambiguity in employment relationships, deficiencies in supervisory mechanisms, and inadequate documentation and internal reporting systems. From a managerial perspective, the implications highlight the necessity for hospitals to enhance risk management systems and internal oversight procedures. From a legal standpoint, the study underscores the need for regulatory revision to ensure greater clarity and certainty regarding institutional accountability. The study recommends the development of explicit internal guidelines, continuous patient safety training, and regular institutional audits to ensure that hospitals can fulfill their legal responsibility for medical errors in an effective and structured manner.