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Kantor Hukum Yustisia Laksana
Office in Surabaya, serves Petemon, Indonesia

Founded in 2024
11 people in their team
Indonesian
English
Kantor Hukum “Yustisia Laksana Attorneys & Counsellors at Law" menangani berbagai perkara hukum secara umum (pidana, perdata, perseroan, bisnis, tata usaha negara, dan keluarga, dll.) melalui litigasi maupun non-litigasi. Kami memberikan pendekatan yang berbeda: mendengarkan tanpa menghakimi,...
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When a treatment injury in Petemon may justify legal advice

A poor outcome alone does not establish medical negligence. A claim generally needs evidence that a healthcare professional or facility fell below the applicable professional standard, caused harm, and can be held legally responsible.

For care received in Petemon or elsewhere in Surabaya, practical first steps include requesting the medical record, preserving bills and messages, and identifying the provider involved. The Surabaya health authority may be relevant for a service complaint, while the correct court or dispute process depends on the parties and facts.

Indonesia’s Health Law requires disputes arising from alleged professional errors that harm a patient to be addressed first through out-of-court dispute resolution. A lawyer can assess whether that route, a professional-discipline complaint, or a civil claim is appropriate.

Situations where a lawyer may help

  • A clinic visit in Petemon is followed by a serious deterioration, and you need to establish whether the assessment or referral was appropriate.
  • A patient suffers an injury during surgery or another procedure at a Surabaya facility, and the consent discussion or explanation of risks is disputed.
  • A medication error, including a dose or allergy issue, causes harm, and the records do not clearly explain what happened.
  • An emergency involving childbirth or another urgent condition results in a delayed transfer between facilities in Surabaya.
  • A provider refuses or delays access to records needed to understand treatment and obtain an independent medical opinion.
  • You have received a proposed settlement or been asked to sign a release before the injury and future care needs are understood.

Indonesian laws relevant to patient-injury disputes

Law No. 17 of 2023 on Health took effect on 8 August 2023. Article 310 provides that disputes arising from alleged errors by medical or health personnel that cause patient harm must first be resolved through out-of-court alternative dispute resolution.

Government Regulation No. 28 of 2024, which took effect on 26 July 2024, implements provisions of the Health Law. It forms part of the regulatory framework for health services and professional responsibilities; a lawyer can check which provisions apply to the treatment and events in question.

Frequently asked questions

Does a bad medical outcome prove negligence?

No. A complication can occur even when care meets the applicable standard. A claim needs evidence linking a specific failure in care to the patient’s injury.

What should I do first after a suspected treatment error?

Seek any urgent medical care needed, then write down the dates, providers, and events while they are fresh. Request copies of the medical record and keep bills, prescriptions, messages, and referral documents.

Can I request my medical records?

Patients have rights concerning their health information and records under Indonesia’s health framework. Make a written request to the facility and keep proof of delivery; a lawyer can advise if access is refused or delayed.

Who can bring a claim for an injured patient?

The patient can generally pursue a matter personally if able to do so. A parent, guardian, or other lawful representative may act where the patient cannot, but the required proof of authority depends on the circumstances.

Do I have to try mediation or another process before going to court?

Article 310 of Law No. 17 of 2023 requires out-of-court alternative dispute resolution first for disputes arising from alleged professional errors that harm a patient. The appropriate process and its application to a particular case should be confirmed with Indonesian counsel.

Can I complain to a professional body instead of seeking compensation?

A professional-discipline complaint and a claim for compensation serve different purposes. A complaint may address professional conduct, while compensation requires a separate legal basis and proof of loss.

How much does a medical negligence lawyer cost in Surabaya?

There is no single fixed fee for legal representation. Ask for a written explanation of the advocate’s fee, payment schedule, and likely additional expenses, such as court charges or medical-expert costs.

Is free legal assistance available?

People who meet the eligibility rules may seek assistance through an accredited legal aid provider under Indonesia’s legal aid system. Ask the provider what financial and case documents it requires before applying.

How long does a claim take?

There is no reliable single timeline. Time depends on obtaining records and expert assessments, the out-of-court process, the parties’ response, and whether court proceedings follow.

What compensation might be available?

Depending on the evidence and legal basis, a claimant may seek compensation for proven losses related to the injury. The amount is not automatic and can depend on medical evidence, financial records, and the circumstances of the case.

Can I pursue a complaint if the treatment happened outside Petemon?

Yes. Living in Petemon does not by itself prevent a complaint or claim about treatment elsewhere. The relevant facility, provider, location, and type of process help determine where to proceed.

Official resources in Surabaya and East Java

  • Surabaya City Health Office (Dinas Kesehatan Kota Surabaya): The city authority responsible for local health-sector administration and oversight. It may direct a service complaint to the relevant channel, but does not replace legal advice about compensation.
  • Surabaya District Court (Pengadilan Negeri Surabaya): The court that handles civil cases within its jurisdiction. Whether it is the correct venue depends on the parties and applicable procedural rules.
  • Ombudsman of the Republic of Indonesia, East Java Representative Office: Receives complaints about alleged maladministration in public services. Its role is distinct from deciding a private compensation claim.

Steps to find and hire a lawyer

  1. Stabilize the patient’s care. Arrange necessary follow-up treatment promptly; legal steps should not delay urgent medical attention.
  2. Preserve key evidence. Request records from each provider and collect bills, prescriptions, referral papers, photographs, and communications. Start this as soon as practical.
  3. Prepare a clear chronology. Record the dates, facilities, people involved, symptoms, and consequences. Note what remains uncertain rather than guessing.
  4. Shortlist advocates in Surabaya. Ask whether they handle health-service injury disputes and can explain the out-of-court resolution process required by Article 310.
  5. Discuss the evidence and options. In an initial consultation, ask how the lawyer would assess causation, obtain medical expertise, approach the provider, and consider a discipline complaint or civil claim.
  6. Confirm fees and scope in writing. Check the advocate’s authorization to practise in Indonesia and agree on the work covered, fees, expenses, and communication arrangements before signing.
  7. Set a follow-up plan. Agree who will request missing records, what response dates to track, and when to review whether to continue with settlement discussions or another available process.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.