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Original Research

LEGAL PROTECTION REGULATIONS OF THE MIDWIFE PROFESSION IN DELEGATING OF AUTHORITY FOR MEDICAL ACTIONS

NOOR RAHMAD 1, and WULAN RAHMADHANI 2.

Vol 17, No 07 ( 2022 )   |  DOI: 10.5281/zenodo.6938807   |   Author Affiliation: Department of Law, Faculty of Science and Humanities, Universitas Muhammadiyah Gombong 1; Department of Midwifery, Faculty of Health, Universitas Muhammadiyah Gombong 2.   |   Licensing: CC 4.0   |   Pg no: 1306-1313   |   To cite: NOOR RAHMAD, and WULAN RAHMADHANI. (2022). LEGAL PROTECTION REGULATIONS OF THE MIDWIFE PROFESSION IN DELEGATING OF AUTHORITY FOR MEDICAL ACTIONS. 17(07), 1306–1313. https://doi.org/10.5281/zenodo.6938807   |   Published on: 27-07-2022

Abstract

Medical actions performed by midwives that cause medical problems will potentially lead to lawsuits if the midwife does not carry out the transfer of authority in accordance with legislation. Midwives provide health services in accordance with professional standards, service standards, standard operating procedures, and applicable regulations. Midwives are responsible for providing maternal and child health services, midwifery services, and carrying out the transfer of authority for medical actions. Health services by midwives upon the transfer of authority by doctors can also lead to malpractice so that patients can sue both civil and criminal lawsuits. Therefore, legal responsibility for midwives and doctors if they do not perform in accordance with the standards, by looking at the elements of errors, negligence, and defaults based on medical records. This study concerns the issue of the form of legal protection for the midwife profession in relation to the transfer of authority in carrying out medical actions. This study aims to identify the form of legal protection for midwives. It used a normative juridical approach. The transfer of authority for medical treatment has been regulated in various regulations. In daily practice, some hospitals had not technically regulated the operation of the transfer of authority for medical actions, the mechanism for the transfer of authority, and the types of medical actions that can be transferred by delegation and mandate. Juridical consequences for the possibility of alleged abuse of authority can lead to civil or criminal lawsuits.


Keywords

Transfer of Authority, Midwife, Legal Protection, Medical Action