MEDICAL SERVICES AND STANDARD OPERATING PROCEDURES: THE IUS CONSTITUENDUM FRAMEWORK FOR LEGAL RESPONSIBILITY

Abstract

This study explores the legal responsibility of medical personnel towards their patients in the
context of their obligation to provide adequate care and adhere to standard operating procedures (SOP). The
authors argue that negligence or malpractice can result in harm to patients and should have legal consequences.
Through a normative research method supported by empirical research data, this study discusses the concept
of negligence and the conditions that must be met for a doctor to be held accountable for their actions. An
unlawful act that causes harm must be proven, and the doctor must be found guilty of gross negligence. The
study advocates for restorative justice as a solution to medical malpractice, which takes into account the needs
and perspectives of both the victim and the perpetrator. The study concludes by emphasizing the need for legal
reform to ensure that doctors are accountable for their actions, and that patients' rights are protected.