scholarly journals ASPEK HUKUM TERHADAP PERSETUJUAN TINDAKAN MEDIK/KEDOKTERAN (INFORMED CONSENT) DALAM KAITANNYA DENGAN TINDAKAN TENAGA MEDIS DI RUMAH SAKIT Dr. TADJUDDIN CHALID MAKASSAR

Author(s):  
Sakir Sila

Medical services as one of the elements of service that plays an important role in the provision of health services to patients In a professional relationship, there is an unequal or unequal position between the medical staff with the patient. Understanding of medical personnel (general practitioner and general dentist) at Dr. Hospital. Tadjuddin Chalid on informed consent still needs to be improved. Implementation of informed consent at Dr. Hospital. Tadjuddin Chalid Makassar has not been done well, this is because some medical personnel have not implemented Law no 29 of 2004 on Medical Practice. Keyword: Medical Services, Informed ConsentPelayanan medis sebagai salah satu dari unsur pelayanan yang sangat berperan penting didalam pemberian pelayanan kesehatan kepada pasien Didalam hubungan profesional, maka terdapat suatu kedudukan yang tidak sama atau tidak seimbang antara tenaga medis dengan pihak pasien. Pemahaman tenaga medis (dokter umum dan dokter gigi umum) di Rumah Sakit Dr. Tadjuddin Chalid tentang informed consent masih perlu ditingkatkan. Pelaksanaan informed consent di Rumah Sakit Dr. Tadjuddin Chalid Makassar belumlah terlaksana dengan baik, hal ini disebabkan karena sebagian tenaga medis belum melaksanakan Undang-Undang no 29 tahun 2004 tentang Praktik Kedokteran.Kata Kunci: Pelayanan Medis, Informed Consent

2020 ◽  
pp. 197-214
Author(s):  
Ben Vincent

The conclusion considers what systemic improvements may be made to queer communities and medical provisions, to allow the heterogeneity of non-binary identifying people to feel legitimised in their identities, and have equal access and experience of services. One of the most fundamental recommendations for medical practice that can be made is inspired by those communities that non-binary people expressed affinity with, such as bisexual and kink communities. Such spaces were sensitive and reflexive to gender plurality, and tended to construct language and space to be more fully inclusive. Gendered assumptions rooted in cisnormativity should be challenged within medical practice. Practices in gendered medicine may be similarly adjusted at the administrative level to improve preventative health screening for trans individuals. Much of this may be attained initially through the provision of training to both medical students and existent medical staff and administrators. This is followed by a critical reflection on gender affirming medical services, whereby the impact of a shift to an informed-consent focused model is considered. In order to optimise such recommendations, the limitations of this study and future necessary directions of enquiry are then addressed. This includes final methodological reflections and intersectional factors – such as the limited classed and racial diversity of the participants.


1993 ◽  
Vol 2 (1) ◽  
pp. 25-33 ◽  
Author(s):  
Massimo Morlino ◽  
Giuseppe Martucci ◽  
Davide Amendola ◽  
Giovanni Muscettola

SummaryObjective - To survey and analyse the extent of utilization of «Non Pharmacological Interventions» (NPI) in the public mental health services of a large city. Setting - Inteview of the entire medical staff employed in 1991 in 10 Departments of Mental Health in the urban area of Naples, Italy. Main measures - A «ad hoc» questionnaire was prepared to gather informations on prevalence of use on NPI in different therapeutic settings, the selected technique according to the different diagnostic categories and the degree of professional training of the interviewed medical personnel. Result - The NPI, as the only treatment, was preferred by the large majority (86%) of the medical staff. The patients treated with NPI was double in outpatient than in inpatient. Although the medical staff did not use the same diagnostic criteria (ICD-9, DSM-III, others) anxiety (49%) and personality disorders (14,3%) were the diagnostic categories most commonly selected for NPI. At the time of the survey 24% of the patients were treated with psychotherapy. Support psychoterapy, psychoanalysis, family therapy were the most frequently employed. The support psychotherapy was mainly used in treatment of schizophrenia. Near to 50% of the medical staff reported a combined use of up to five different NPI. By and large choice of NPI was found dependent on the type of training and inversly correlated with the degree of seniority. Conclusions - The data obteined from the present survey show the large use and variability in NPI employed in public mental health services. The analysis of psycotherapy used suggests a different approach between public and private sector.


SASI ◽  
2018 ◽  
Vol 23 (2) ◽  
pp. 149
Author(s):  
Arman Anwar

Health is a fundamental need for every human being in his life and to meet these needs the role of doctors and health workers is very important. Doctors and Health care in providing health services to the community is always required in order to provide the best service. So with the Hospital. However, the health services provided may result in two different possibilities of the patient being cured or even worsening the disease until death. If the patient recovers it will flow millions of praise and abundant various forms of appreciation that he receives but if that happens is the opposite then in certain conditions where the patient feels aggrieved can culminate until the lawsuit to court. In medical practice, doctors do not work alone but are also often assisted by other health workers. Likewise Hospital as a corporation employs doctors and health workers to provide health services to the community. If in the event of any medical treatment from medical personnel to medical personnel and/or Hospital to the physician and at risk of mistake or negligence in the health service, then the loss suffered by the patient may result in risks (risico aanspraklijkheid) based on Article 1367 paragraph (3) BW. In the context of health law regulated in Article 65 of Law Number 36 Year 2014 on Health Personnel, and Article 35 Paragraph 6 of Law Number 38 Year 2014 on Nursing and Article 23 Paragraph (3) point c Regulation of the Minister of Health of the Republic of Indonesia No. 2052 / Menkes / Per / X / 2011 About Practice License and Implementation of Medical Practice as well as Article 46 Act Number 44 of 2009 About Hospital that is Hospital is legally responsible for all the losses caused by negligence made by health personnel in the Hospital. Efforts to prevent it internally need to agree on the rights and obligations of each party in a specified standard of conduct that is proportionally regulated and based on equitability values, either in the form of Hospital by Law as well as the prevailing rules binding on all staff within a hospital staff (Medical staff by law).


Author(s):  
Muh Amin Dali ◽  
Warsito Kasim

(Legal Aspect Of Informed Consent And Therapeutic Agreement). Health is one of the basic rights guaranteed by the state. Therefore, the state is obliged to prepare instruments to protect the health services of citizens. In practice, one of the tools regulated by the state in guaranteeing health services is the Medical Action Agreement. In the medical world, Medical Action Approval is better known as Informed Consent. The approval of this Medical Action will be contained in a written agreement known as the Therapeutic Agreement. This study aims to analyze the legal aspects of informed consent and therapeutic agreements based on formal law in Indonesia. The scope of the discussion is the study of the relationship between the Patient Party and the Medical Personnel in the Informed Consent and Therapeutic Agreement and analysis of its formal legal aspects. The results of the study are expected to be a legal reference for the community and also the medical staff so as to increase understanding and legal awareness that lead to improving the quality of health care workers. The approach used in this study is a normative juridical approach and analytical descriptive nature. This study uses secondary data obtained from primary and secondary legal materials. The results of the study describe the analysis of the legal aspects of protecting the rights and obligations of health services for both patients and medical personnel.Kesehatan adalah salah satu hak dasar masyarakat yang dijamin oleh negara. Maka dari itulah negara berkewajiban menyiapkan perangkat-perangkat dalam melindungi hak pelayanan kesehatan warga negara. Dalam praktiknya, salah satu perangkat yang telah diatur oleh negara dalam menjamin pelayanan kesehatan adalah Persetujuan Tindakan Medis. Dalam dunia medis, Persetujuan Tindakan Medis lebih dikenal dengan istilah Informed Consent. Persetujuan Tindakan Medis ini akan dituangkan dalam perjanjian tertulis yang dikenal dengan Perjanjian Terapeutik. Penelitian ini bertujuan untuk menganalisis Aspek Hukum informed consent dan Perjanjian Terapeutik berdasarkan hukum formil di Indonesia. Ruang lingkup pembahasan adalah pada kajian mengenai hubungan antara Pihak Pasien dan Pihak Tenaga Medis dalam Informed Consent dan Perjanjian Terapeutik serta analisis aspek hukum formilnya. Hasil penelitian diharapkan dapat menjadi referensi hukum bagi masyarakat dan juga para tenaga medis sehingga dapat meningkatkan pemahaman dan kesadaran hukum yang mengarah pada peningkatan kualitas pelayan kesehatan. Pendekatan yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif dan bersifat deskriptif analitis. Penelitian ini menggunakan data sekunder yang diperoleh dari bahan hukum primer dan sekunder. Hasil penelitian mendeskripsikan analisis aspek hukum tentang perlindungan hak dan kewajiban pelayanan kesehatan bagi pihak pasien maupun tenaga medis.


2020 ◽  
Vol 1 (4) ◽  
pp. 591-604
Author(s):  
Candra Istiningsih Dwi Wahyuni ◽  
Batari Laskarwati ◽  
Noer Muthmainnah Al Qulub

This study aims to analyze the rights of patient in medical services case on Batara Siang Hospital. This study was triggered by various problems regarding the privacy rights of patients in health services. Informed consent is an explanation by the doctor related to the condition of the patient's illness and the medical action that the doctor will take to cure the patient and then from the explanation explained by the doctor get the consent of the patient or the patient's family. Before giving emergency measures, the Batara Siang Hospital also applies an informed concentration Republic of Indonesia Health Minister Regulation Number 585/MEN.KES/PER/X/1989. This study revealed that Batara Siang Hospital always applies Informed Consent before taking medical or medical measures, but for emergency cases it is excluded because it concerns the lives of patients.


2006 ◽  
Vol 32 (4) ◽  
pp. 429-501 ◽  
Author(s):  
Jaime Staples King ◽  
Benjamin W. Moulton

In law, with rare exception such as legislative action, change is evolutionary and methodical. Unlike biomedical science where a breakthrough can quickly lead to dramatic changes in medical practice, legal precedent is more adherent and must evolve either through the legislative process or on a court by court basis in case law. Nevertheless, compelling evidence will pave the road to change within the law. Health care research conducted over the last three decades has produced a body of empirical evidence that suggests an overhaul of our current legal standards of informed consent is overdue.This article uses health services research to examine the fundamental assumptions of our current informed consent laws and propose legal reform. Much has been written on how to bring the law to bear on medical practice in order to improve patient rights and protect physicians, but far less has been done to bring the practice of medicine to inform our legal standards. Prior legal scholarship on informed consent has made arguments regarding reform from both ethical and legal perspectives; however, only a small few have incorporated clinical and health services research as well as ethical and legal principles to analyze informed consent.


2021 ◽  
Vol 7 (2(42)) ◽  
pp. 3-7
Author(s):  
Anastasia Olegovna Varava

The article will discuss the features of the occurrence and application in the judicial practice of civil liability for medical professionals. This problem is particularly relevant in connection with the complications in the provision of medical services due to the spread of coronavirus infection. And this topic is also the most acute problem, because every year the number of criminal and civil proceedings involving doctors and other medical professionals increases. In addition, the resolution of «medical Affairs» there are difficulties associated with the assessment of the medical staff, as you have to consider many factors: the degree of development of medical science; the level of medical practice, etc. And most doctors are not fully aware of the norms of the civil code and bases of civil liability, the knowledge of which may help to reduce the number of such offences.


SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 215
Author(s):  
Prilian Cahyani ◽  
Astutik Astutik

Electronic medical records (RME) have been used in hospitals as a substitute for or complementary to medical records in the form of paper. The obligation to make medical records is the responsibility of every doctor or dentist in carrying out the medical practice. However, the use of electronic-based medical records does not rule out the possibility of raising problems in the field of law, if some abuse it. This will raise the issue of who has the obligation to take responsibility. The problem is the background of the author to write in an article with the title "Accountability for the Misuse of Electronic Medical Record Abuse in Health Services". The formulation of the problem in this article is: 1) Setting an electronic medical record; 2) Criminal liability for the misuse of electronic medical records. The research method used is normative legal research with a statutory approach and a conceptual approach. From the discussion, it can be seen that in Indonesia the obligation to make medical records is specifically regulated in the Medical Practice Law. Furthermore, in the Ministry of Health No. 269 / MENKES / PER / III / 2008 especially Article 2 paragraph 2 states that medical records can be made electronically. However, to date, no specific regulations are governing electronic medical records. The use of electronic systems in medical records makes it necessary to heed the provisions of Law No. 11 of 2008 concerning Electronic Information and Transactions. The party who has the responsibility for the misuse of the Electronic Medical Record covers people who in this case are medical personnel or certain health workers. Hospitals can also be held responsible for the misuse of electronic medical records.


1998 ◽  
Vol 88 (5) ◽  
pp. 242-248 ◽  
Author(s):  
BJ Munro ◽  
JR Steele

The authors conducted a mail survey that examined foot problems, rates of utilization of foot-health services, and the perception of foot problems as medical conditions in a sample of people aged 65 years and older who lived independently. Although 71% of the 128 respondents reported suffering from foot problems, only 39% had consulted medical personnel about their feet, and only 26% identified their foot pathologies as medical conditions. More female than male respondents experienced foot problems and had visited medical personnel about their feet. Increased education of older individuals about their foot-care requirements, as well as increased access to podiatric medical services, is recommended.


GANEC SWARA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 391
Author(s):  
GEDE TUSAN ARDIKA

   The purpose of this paper is to find out the procedure for making agreements in medical actions in health services between doctors and patients in handling medical measures. The research is a normative legal research study with an approach based on laws and regulations, a conceptual approach and a case approach.   From the results of the study it can be concluded that, the Agreement on Medical Action (informed consent) is carried out in accordance with statutory procedures, for that doctors are bound by professional code of ethics in carrying out their functions as medical personnel, so that in carrying out medical actions there must be an agreement and written agreement between the doctor and the patient. The legal consequences arising between the doctor and the patient after the medical action is carried out are in the form of legal responsibility, both in the form of civil, criminal and administrative law related to his profession.


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