PROTECTION OF HEIRS' RIGHTS IN POSTOPERATIVE PATIENT DEATH DISPUTES: HOSPITAL LIABILITY AND PROVING MEDICAL NEGLIGENCE

Abstrak

Legal protection for heirs of postoperative patient deaths is a strategic issue that demands certainty, justice, and fair treatment from health institutions. This study explains on hospital liability, medical negligence mechanism, and heirs' rights restoration through normative juridical approach based on literature study. It found that hospital responsibility for the death of patients is affirmed by national regulations, clarifying the legal consequences that must be borne in the event of negligence or malpractice. The proof of the medical negligence is influenced by the quality of medical records, role of experts, and transparency level of health institution. Some barriers, such as limited access to documents and lack of hospital transparency, become the main challenge for heirs to defend their rights. Rights restoration is not only carried out via litigation, but also through non-litigation channels, mediation, and access to information and psychosocial services for victims' families. The results showed the need to strengthen independent audit and supervision systems, continuous legal education for health service actors, and access optimization to medical documents. Cross-sector collaboration and periodic regulatory updates are essential to ensure the optimal and adaptive protection of heirs’ rights in response to developments in health sector. Thus, public trust in health institutions and the quality of medical services can be significantly improved.