Legal Review of Physician Malpractice Cases: A Narrative Literature Review

This review aimed to discuss legal reviews related to physician

Health is one of the basic human needs, in addition to clothing, food, and shelter. As the medical world develops, the role of the hospital is very important in supporting the health of the community. Advancement or withdrawal of the hospital will be largely determined by the success of the parties working in the hospital, in this case, doctors, nurses, and the people who are in that place. The hospital is expected to be able to understand its consumers, in this case, the patient as a whole, so that they can progress and develop and avoid medical negligence caused (Bordonaba-Leiva et al., 2019;Indla et al., 2019;Bielen et al., 2020). concerning medical practice states that the medical or dental profession is medical or dental work carried out based on science, competition obtained through tiered education, and a code of ethics that serves society.
Doctors, as members of the profession, devote their knowledge to the public interest and have freedom and independence orientated toward human values, as well as a medical code of ethics. The existence of this code of ethics aims to prioritize the interests and safety of patients, ensuring that the medical profession must always be carried out with the right intentions and the right way. This review aims to discuss legal reviews related to physician malpractice in medical practice. The development of the relationship between doctor and patient is described as follows; (1) Patients go to the doctor because they feel that something is endangering to their health, so they need the help of the doctor as a person who has advantages because of their ability to treat; (2) Patients go to the doctor, knowing that they are sick, and the doctor will be able to cure them. Patients who begin to realize their right to health care which is the doctor's obligation towards themselves, consider their position equal to that of doctors, but patients still realize that the doctor's role is more important than themselves; (3) Patients go to the doctor to get an intensive examination and treat diseases that are usually ordered by a third party (e.g., insurance). In this case, the nature of the inspection is preventive.

The legal relationship between patient and doctor
The relationship between patient and doctor is divided into three perspectives, namely paternalism, (4) provide compensation for services provided.
Regarding the patient's obligation to provide complete and honest information, there is the doctrine of contributory negligence, which can be translated as the patient's guilt that not only can the doctor or nurse be considered negligent, but the patient can also be guilty, which can make the disease worse.
Patients also have certain obligations towards their doctor and also to themselves. In carrying out their obligations, patients are asked to meet reasonable patient standards. If the patients do not carry out their obligations and this becomes the cause of the injury, then the patient is considered to be also at fault so that the compensation incurred is divided proportionally between the doctor and the patient. Regarding the doctor not providing services in accordance with professional standards, which then results in disability or death of the patient, this doctor has violated the patient's right to obtain such humane service, so the patient has the right to sue the doctor concerned. The right to obtain this explanation is the right to information. The essence of the right to information is the patient's right to obtain information as clearly as possible about matters related to his illness. In the event of a doctor-patient relationship, the patient's right to this information automatically becomes the doctor's obligation to carry out whether requested or not by the patient.

Malpractice
Malpractice comes from "malpractice," which is essentially a mistake in carrying out the profession that arises as a result of obligations that must be carried out by a doctor. In another sense, malpractice is an error in carrying out the medical profession that rest. In addition, the patient must feel confident that the doctors will try their best to treat the disease, so the patient must be cooperative and not refuse to be examined by a doctor (Fogel et al., 2019).
In their procedures, doctors sometimes have to intentionally hurt or cause injury to the patient's body.
For example, a surgeon performs surgery on a patient's organs. Therefore, in every surgery, the doctor must be careful so that the resulting wound does not cause problems in the future, such as the occurrence of nosocomial infections. In addition, there are also frequent occurrences of negligence, which is a form of error that is not intentional but also not something that happens by chance.

Conclusion
Medical malpractice basically falls into two fields of law, namely civil and criminal. Entered into civil law as a default or unlawful act that imposes responsibility for recovery of losses. Entering the field of criminal law as a crime imposes criminal responsibility. Criminal malpractice basically also enters the civil field through