The practice of providing healthcare services by doctors and healthcare professionals (HCPs) to patients doesn’t focus solely on clinical aspects; it also involves legal consequences that cannot be ignored. Based on the legal relationship established between doctors, HCPs, and patients, there is a legal risk of conflicts arising that could lead to medical disputes if not addressed promptly and appropriately. The occurrence of medical disputes is, of course, a situation that doctors and HCPs strive to avoid, given that the resulting consequences impact not only legal aspects but also professional reputation, patient trust, and psychological stability in the practice of medicine.
Definition of Medical Disputes
Doctors are medical professionals with expertise in the field of medicine who provide medical care to patients, meanwhile, healthcare professionals (HCPs) are healthcare workers who possess the knowledge and skills to provide healthcare services. In carrying out their practice, doctors and HCPs are dependent on the role of patients as the recipients of healthcare services.
The legal relationship established between doctors, HCPs, and patients is an active-passive biomedical relationship, in which doctors and HCPs have an active role as healthcare providers, while patients have a passive role; thus, this relationship fosters a humanistic bond that upholds the principle of equality of rights among fellow human beings.
Legally, the relationship between doctors, HCPs, and patients evolves into a therapeutic relationship that positions the patient as a legal subject with autonomy over their own body. Therefore, the information gap regarding medical matters, where doctors or HCPs hold specialized knowledge while patients often lack such expertise, frequently becomes a critical issue. Consequently, patient dissatisfaction with the medical care provided by doctors or HCPs can often lead to conflicts that result in medical disputes.
A medical dispute is a legal conflict between a doctor, HCPs, or a healthcare facility and a patient (or their family). Basically, the occurrence of a medical dispute does not necessarily imply medical error or malpractice; rather, it often stems from a misunderstanding regarding the treatment or recovery process.
On August 8, 2023, the Government of Indonesia published Law No. 17 of 2023 on Health (“Health Law”) as the primary legal framework governing healthcare services in Indonesia. This regulation introduces a new paradigm, particularly regarding the resolution of medical disputes as outlined in Article 310 of the Health Law.
Causes of Medical Disputes
The causes of medical disputes are generally multidimensional and interrelated. One of the main causes is a lack of effective communication between doctors or HCPs, and patients, particularly regarding the provision of information about diagnoses, risks associated with procedures, and treatment alternatives. This clearly contradicts patients’ rights as stipulated in Article 276(a) of the Health Law, according to which patients have the right to receive complete and transparent information regarding their health.
Additionally, administrative issues, such as incomplete or poorly documented medical records, can also weaken the position of healthcare providers when facing disputes. In essence, all healthcare facilities are required to maintain medical records as stated in Article 777 of Government Regulation No. 28 of 2024 on the Implementing Regulations of Law No. 17 of 2023 on Health (“Health Regulation”).
Furthermore, professional standards also contribute to the emergence of medical disputes. Deviations in medical practices from professional standards, service standards, and standard operating procedures may be considered disciplinary violations. On the other hand, patients’ high expectations regarding treatment outcomes often serve as a trigger for conflict. Therefore, doctors and HCPs should ensure that every healthcare service provided to patients complies with established professional standards.
Classification of Medical Disputes into Ethical, Disciplinary, Civil, or Criminal Categories
Determining the legal framework for medical disputes requires a careful understanding of the characteristics of each type of violation. In the ethical domain, medical disputes generally involve violations of professional codes of ethics. In this regard, the medical profession is governed by the Indonesian Code of Medical Ethics, while the codes of ethics for other healthcare professions may be tailored to their respective professional standards, such as the Indonesian Code of Ethics for Midwives for the midwifery profession.
Then, in the disciplinary aspect, according to Article 2(1) of Minister of Health Regulation No. 3 of 2025 on the Enforcement of Professional Discipline for Medical and Healthcare Personnel (“MOH 3/2025”), in the course of their professional practice, doctors and healthcare personnel are obligated to comply with professional standards, service standards, and standard operating procedures. If a patient and/or the patient’s family feels aggrieved by the actions of a doctor or HCPs, or if there is even a violation of professional discipline committed by a doctor or HCPs, they may file a complaint regarding the alleged violation of professional discipline with the Professional Disciplinary Council as stipulated in Article 5(1) of MOH 3/2025.
Furthermore, in the civil jurisdiction, according to Article 310 of the Health Law, when there is an allegation of negligence by a doctor or HCPs that causes harm to a patient, the dispute may first be resolved through alternative dispute resolution outside of court before proceeding to court.
As for the criminal jurisdiction, unlawful acts that constitute criminal offenses, whether due to negligence resulting in injury, serious injury, or death, may be subject to criminal penalties of imprisonment or fines as stipulated in Article 474 of Law No. 1 of 2023 on the Criminal Code (“KUHP”). If such negligence occurs while performing professional duties, an additional criminal penalty of ⅓ (one-third) shall be imposed. In practice, the proof of criminal elements in medical cases must still take into account professional standards and the patient’s medical condition; thus, not all medical errors can be classified as criminal offenses, but may also result from medical risks.
Medical disputes are an inherent part of healthcare practice, but they can be effectively managed through a proper understanding of the law. Therefore, an understanding of medical disputes, their causes, and their legal classifications serves as a crucial foundation for doctors and HCPs in responding to potential conflicts. Consequently, an approach that prioritizes communication, adherence to professional standards, and proper documentation could minimize the risk of medical disputes.***
Regulation:
- Law No. 17 of 2023 on Health (“Health Law”).
- Law No. 1 of 2023 on the Criminal Code (“KUHP Nasional”).
- Government Regulation No. 28 of 2024 on the Implementing Regulations of Law No. 17 of 2023 on Health (“Health Regulation”).
- Minister of Health Regulation No. 3 of 2025 on the Enforcement of Professional Discipline for Medical and Healthcare Personnel (“MOH 3/2025”).
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