A Legal Study of Contributory Negligence in Medical Civil Liability

Abstract

In civil medical cases, a judge can dismiss a patient's lawsuit if it is proven that the patient's negligence contributed to the harm suffered. This study aims to examine and analyze the doctrine of contributory negligence in civil medical liability and to examine and analyze the legal enforcement of medical negligence based on contributory negligence from a civil medical law perspective. The research methodology used is a normative juridical method and is analyzed descriptively and normatively through statutory and conceptual approaches. The results of the study conclude that the doctrine of contributory negligence has important implications for civil medical liability. This doctrine can also be used as a basis for determining whether the patient contributed to the harm suffered and the extent to which this affects the physician's responsibility. In enforcing medical negligence based on contributory negligence, if the judge finds evidence that the patient was also at fault and negligent, the judge can decide to dismiss the civil medical lawsuit. From this research, the author suggests the importance of patient compliance with the advice of doctors or medical personnel so that the goals of treating their illness are achieved and contributory negligence is avoided if a civil medical lawsuit occurs.