Legal Construction of Hospital Responsibility Due to Health Workers' Negligence Causing Babies to Be Swaped

Abstract

The negligence of a nurse's actions resulting in the swapping of babies' identities constitutes a matter of legal liability. The hospital's responsibility in resolving cases of swapped babies under the Health Law is fully applicable if the negligence of hospital resources causes harm, regardless of whether the service in question is medical or non-medical. The determining factor for liability is the act of negligence itself. This study is normative legal research with a statutory and conceptual approach. In cases of swapped babies, the element of negligence must be proven. However, the lack of clarity in Article 193 of the Health Law opens the interpretation that liability may not only be civil but also criminal. Hospitals can be categorized as tripartite corporate entities because of the employment relationship between hospitals and healthcare professionals, wherein healthcare professionals act individually or collectively on behalf of the hospital as a corporation. In imposing criminal penalties on hospitals as corporations, judges may consider factors such as whether the corporation benefited from the act, whether the corporation allowed the act to occur, whether preventive measures and mitigation of broader impacts were taken, and whether the corporation complied with the law. Conclusion: There is a need for legal certainty regarding the form of hospital liability, whether it is only civil or also criminal. If hospital liability is directed towards criminal accountability, clear provisions regarding the enforcement mechanisms must be established.