The hospital is responsible not only for the doctor's fault, but also for the "organizational fault". Joint liability works.
Examples of Organizational Defects
- Inadequate personnel training
- Use of broken/old equipment
- Inadequate infection control
- Inadequate hygiene
- Inadequate staff on duty
- Failure to implement emergency response procedures
- Patient fall (floor, railing)
Hospital Liability
- Subsequent liability (TBK art. 66)
- Liability for employee fault
- Liability for lack of organization
By Hospital Types
- Public hospital: Administrative law - full jurisdiction lawsuit, administrative court
- University hospital: Same (administrative law)
- Private hospital: Civil law - first instance law/consumer court
Public Hospital Process
- Administrative application (60 days)
- Rejection or no response
- Administrative court (60 days)
Supreme Court 13. HD and Council of State 10. Department
The Supreme Court and the Council of State accept that the hospital's "service defect" can be serious, and that even if there is no doctor's fault, the organizational defect alone gives rise to liability.
Proof
- Patient file (examine the deficiencies)
- Testimony of the hospital staff (usually closed)
- Expert report
- Health Ministry audit reports
Health law/malpractice lawyer recommended.