LEGAL LIABILITY OF THE MEDICAL COMMITTEE FOR NEGLIGENCE IN THE IMPLEMENTATION OF PHYSICIAN CREDENTIALING A CASE STUDY OF THE FAKE DOCTOR AT PHC HOSPITAL SURABAYA

Abstract

Credentialing is an essential mechanism for ensuring the quality of medical services and patient safety through the verification of physicians’ competence, legality, and professional track record before clinical privileges are granted. In practice, this process often exhibits weaknesses, particularly when it is carried out administratively without thorough verification. The case of an impostor doctor at PHC Hospital Surabaya serves as a concrete example of a credentialing system failure that allowed an unqualified individual to practice medicine, thereby posing serious risks to patient safety and institutional accountability. This situation underscores the need for an in-depth analysis of the Medical Committee’s responsibility as the primary body in charge of credentialing.

This study examines two main issues: first, the forms of negligence committed by the Medical Committee in carrying out physician credentialing; and second, the legal liability of the Medical Committee when such negligence results in medical malpractice.

This research employs a normative juridical method using a statute approach and a case approach. Primary legal materials include Law Number 17 of 2023 on Health, Minister of Health Regulation Number 755/MENKES/PER/IV/2011 on the Implementation of Medical Committees in Hospitals, and court decisions related to medical malpractice. The analysis is conducted deductively and qualitatively to interpret legal norms concerning the liability of the Medical Committee.

The findings reveal that negligence by the Medical Committee occurs due to inadequate verification of document authenticity, failure to assess ethical and disciplinary records, weak competency evaluations, and the omission of periodic re-credentialing. Such negligence gives rise to administrative, civil, criminal, and ethical responsibilities. This study emphasizes that credentialing based on due diligence constitutes a preventive legal responsibility of hospitals and serves as a legal protection mechanism for patients.