scholarly journals LEGAL PROTECTION OF DOCTORS IN PROVIDING HEALTH SERVICES

2020 ◽  
Vol 4 (1) ◽  
pp. 24
Author(s):  
Bambang Tri Bawono
Keyword(s):  
Informed Consent ◽  
Health Services ◽  
Medical Malpractice ◽  
Medical Service ◽  
Health Workers ◽  
Legal Protection ◽  
Professional Standards ◽  
The Public ◽  
Library Research ◽  
Service Standards

Cases of alleged malpractice committed by doctors or health workers have become an interesting issue that has been widely discussed by the public. Malpractice is basically due to the emergence of differences in perception between patients and doctors or health workers. The research method used in this study is library research, library research limits its activities to library collections. While the approach used in this study is normative juridical, the results of the study mentioned that the standards that must be met by doctors to obtain legal protection are professional standards, operational procedures standards, and medical service standards. These three standards, doctors are also obliged to make informed consent as part of health service standards, and carry out the obligations as contained in Article 51 of Law No. 29 of 2004 concerning Medical Practice. In addition, doctors can be free from allegations of medical malpractice when providing health services in accordance with professional standards and operational procedures, providing medical services based on informed consent and the principle of non-vit inura volenti law or the assumption of risk, respectable minority rules and error of in judgment, as well as contribution negligence.

scholarly journals LEGAL PROTECTION OF PHARMACY TAKES A PHARMACY CARE IN THE EVENT OF EMERGENCY

2020 ◽  
Vol 1 (1) ◽  
pp. 55
Author(s):  
Ardiyansyah Ardiyansyah
Keyword(s):  
Emergency Services ◽  
Legal Protection ◽  
Professional Standards ◽  
Professional Service ◽  
Legal Certainty ◽  
The Public ◽  
Care Services ◽  
The Law ◽  
The Government ◽  
Service Standards

The legal protection of pharmacists is very important, because if there is no legal protection in carrying out pharmaceutical practices by a pharmacist it will become an obstacle in the running of pharmaceutical services to the public, especially with the new concept of pharmacy services at home (home pharmacy care). The instrument has not been regulated in the law so that the pharmacist profession is vulnerable to criminalization. The problem in this paper is (a) how is the legal protection of pharmacists in conducting home pharmacy care in the emergency services outside in their authority? How do you prevent the criminalization of pharmacists in conducting home pharmacy care? This study uses an empirical juridical and normative juridical approach. The results showed that the legal protection of pharmacists in carrying out home pharmacy care services in the emergency can carry out services outside their authority. The Indonesian Pharmacist Association (IAI) is obliged to provide protection to members as long as they carry out their duties in accordance with professional standards, professional service standards and operational procedure standards, and prevent the criminalization of pharmacists in practicing Home Pharmacy Care services. Suggestions by the authors in this study is expected the government to immediately issue a new law related to the validity of pharmacist activities in conducting home pharmacy care so that the existence of the law will guarantee legal certainty.

scholarly journals Implementation of the National Health Insurance Referral System at the Public Health Center in the Pangkajene Kepulauan District in 2019

2020 ◽  
Vol 8 (T2) ◽  
pp. 27-31
Author(s):  
Nurul Fajriah Istiqamah ◽  
Darmawansyah Darmawansyah ◽  
Muhammad Syafar ◽  
Anwar Mallongi
Keyword(s):  
Public Health ◽  
Health Services ◽  
Health Center ◽  
Medical Records ◽  
Health Workers ◽  
Referral System ◽  
Public Health Center ◽  
The Public ◽  
Service Standards ◽  
Document Review

BACKGROUND: The health service referral system is the organization of health services that regulate the mutual assignment of tasks and responsibilities of health services both vertically and horizontally. AIM: The purpose of this study was to determine the appropriateness of referral service operational standards at the Kalabbirang Public Health Center in Pangkajene Kepulauan district. METOHDS: This research method uses a qualitative with a phenomenological. The location of this study is in the Kalabbirang Public Health Center. The informants in this study were the Head of Medical Records Installation, the medical records installation staff of registration, doctors, and nurses. Data collection techniques using in-depth interviews, document review, and observation. The data obtained analyzed using the content analyze. RESULTS: The results showed that the Kalabbirang Public Health Center, no operational service standards were governing the procedures of the Public Health Center when receiving patients to be referred back. In addition, doctors do not explain in full to patients information about the referral. The conclusion of this research is the implementation of the referral system at the Kalabbirang Public Health Center in terms of the requirements for referring to be in accordance with the national referral system. CONCLUSION: We need socialization to understand more deeply about the referral system and equate perceptions among health workers about the referral mechanism in the Kalabbirang Public Health Center.

scholarly journals Health workers’ perspectives on informed consent for caesarean section in Southern Malawi

2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Wouter Bakker ◽  
Siem Zethof ◽  
Felix Nansongole ◽  
Kelvin Kilowe ◽  
Jos van Roosmalen ◽  
...  
Keyword(s):  
Informed Consent ◽  
Caesarean Section ◽  
Health Workers ◽  
Group Discussion ◽  
Legal Protection ◽  
Analytical Framework ◽  
Structured Interviews ◽  
Middle Income ◽  
Partial Disclosure ◽  
Labour Pains

Abstract Objective Informed consent is a prerequisite for caesarean section, the commonest surgical procedure in low- and middle-income settings, but not always acquired to an appropriate extent. Exploring perceptions of health care workers may aid in improving clinical practice around informed consent. We aim to explore health workers’ beliefs and experiences related to principles and practice of informed consent. Methods Qualitative study conducted between January and June 2018 in a rural 150-bed mission hospital in Southern Malawi. Clinical observations, semi-structured interviews and a focus group discussion were used to collect data. Participants were 22 clinical officers, nurse-midwives and midwifery students involved in maternity care. Data were analysed to identify themes and construct an analytical framework. Results Definition and purpose of informed consent revolved around providing information, respecting women’s autonomy and achieving legal protection. Due to fear of blame and litigation, health workers preferred written consent. Written consent requires active participation by the consenting individual and was perceived to transfer liability to that person. A woman’s refusal to provide written informed consent may pose a dilemma for the health worker between doing good and respecting autonomy. To prevent such refusal, health workers said to only partially disclose surgical risks in order to minimize women's anxiety. Commonly perceived barriers to obtain a fully informed consent were labour pains, language barriers, women’s lack of education and their dependency on others to make decisions. Conclusions Health workers are familiar with the principles around informed consent and aware of its advantages, but fear of blame and litigation, partial disclosure of risks and barriers to communication hamper the process of obtaining informed consent. Findings can be used to develop interventions to improve the informed consent process.

scholarly journals Hegemony in Effective Communication on the Modern Health Services During Pregnancy, Give Birth, and Postpartum in Baduy Communities

2020 ◽  
Vol 13 (1) ◽  
pp. 28
Author(s):  
Ratih Ariningrum ◽  
Vita Kartika ◽  
Rozana Ika Agustiya ◽  
Choirum Latifah
Keyword(s):  
Health Service ◽  
Health Services ◽  
Health Workers ◽  
Effective Communication ◽  
Qualitative Approach ◽  
Participatory Action ◽  
Maternal Deaths ◽  
The Public ◽  
Agents Of Change ◽  
Organic Intellectual

Kanekes Village, where Baduy people live, is the biggest contributor to maternal deaths in the District of Lebak. Baduy awareness to check pregnancy at midwives has begun to increase, but for childbirth and childbirth examination has not been carried out. That is because there is a culture in the Baduy community regarding childbirth itself, as well as their adherence to the rules that have been issued by traditional leaders. The research uses a qualitative approach with the Participatory Action Research (PAR) approach. This study aims to examine the constraints and analyze the process of the formation of relationships between health workers, cadres, and heads of RT with the Baduy community in effective communication to improve modern health services during pregnancy, give birth, and postpartum in the Baduy community. The results showed that modern health services can be applied to the behavior of pregnancy, childbirth, and the puerperal of the Baduy community if the agents of change (organic intellectual) can change the idea of the modern health service into an ideology, then popular belief is obtained, then hegemony is formed from the agents of change. The final stage is that the country must be able to accommodate this effort. The efforts of agents of change (organic intellectuals) from the idea of modern health services to the created hegemony are sought by effective communication. Implementation of effective communication is pursued by provding explanations that are easily understood by the public through simulations.

scholarly journals PERLINDUNGAN HUKUM PERAWAT PRAKTIK ATAS TINDAKAN PELAYANAN GAWAT DAN DARURAT PADA MASYARAKAT PEDESAAN DI DESA SUSUKAN KABUPATEN SEMARANG

2018 ◽  
Vol 8 (1) ◽  
pp. 42
Author(s):  
Indra Yuliawan ◽  
Adhi Budi Susilo
Keyword(s):  
Health Services ◽  
Health Workers ◽  
Health Science ◽  
The Public ◽  
Human Needs ◽  
Education And Health ◽  
Primary Responsibility ◽  
Wide Range ◽  
Human Need ◽  
Nurses And Midwives

<p class="Default">Tenaga kesehatan banyak mendapatkan sorotan dari masyarakat, karena kesehatan merupakan kebutuhan pokok manusia dan kualitas sumber daya manusia (SDM) ditentukan dua faktor yang saling berhubungan yakni pendidikan dan kesehatan. Kesehatan merupakan prasyarat utama agar upaya pendidikan berhasil, sebaliknya pendidikan yang diperoleh akan sangat mendukung tercapainya peningkatan status kesehatan seseorang. Sorotan masyarakat terhadap profesi tenaga kesehatan merupakan suatu kewajaran karena pelayanan kesehatan merupakan kebutuhan yang tidak bisa ditunda dan diabaikan.</p><p class="Default">Profesionalitas profesi kesehatan menjadi harga mati yang tidak boleh ditawar oleh siapapun, karena berhubungan dengan kebutuhan pokok manusia. Tenaga kesehatan terutama perawat dan  bidan sebagai profesi mempunyai tanggung jawab pokok pelayanan kesehatan. Perawat dan bidan  bertanggung jawab dalam bidang kesehatan secara preventif dan  harus mampu menangani berbagai macam pelayanan kesehatan bahkan pelayanan yang memerlukan tindakan darurat, dan melakukan rujukan yang cepat dan tepat.</p><p class="Default">Sebagai Subjek hukum keperanan perawat wajib dilindungi secara hukum. Perlindungan tersebut diperlukan manakala penanganan pertama yang dilakukan perawat dan bidan tidak dapat menyelamat nyawa seseorang dan kemudian ada kekecewaan dalam diri keluarga sang pasien terhadap tindakan bidan atau perawat tersebut. </p><p>Perawat yang mempunyai latar belakang ilmu kesehatan menjadi tujuan masyarakat bilamana ada anggota masyarakat sedang sakit, terlebih lagi jika tidak ada dokter di sekitarnya. Dalam kondisi seseorang sakit tentunya perawat tidak dapat menolak untuk membantu menyembuhkan bahkan menyelamatkan terlebih lagi dalam kondisi gawat bahkan darurat. </p><p>Health workers get a lot of attention from the public, because health is a basic human need and the quality of human resources (HR) determined two interrelated factors of education and health. Health is a major prerequisite for educational efforts to succeed, otherwise education will greatly support the achievement of improving one's health status. The public's spotlight on the health professional profession is a fairness because health care is a necessity that can not be postponed and ignored.</p><p>Professionalism of the health profession becomes a fixed price that no one can bargain for, because it deals with human needs. Health workers, especially nurses and midwives as professions have primary responsibility for health services. Nurses and midwives are in charge of health in a preventive manner and should be able to handle a wide range of health services and even services that require emergency measures, and make quick and precise referrals.</p><p>As the subject of nurses' law of nurses shall be protected by law. Such protection is necessary when the first handling of the nurse and midwife can not save a person's life and then there is disappointment in the patient's family for the actions of the midwife or nurse.</p><p>Nurses who have a health science background become a community goal when there are members of the community are sick, especially if there is no doctor around. In the condition of someone sick of course nurses can not refuse to help heal even rescue even more in emergency conditions even emergency.</p>

scholarly journals TINJAUAN PENANGANAN KASUS MALPRAKTEK MEDIS DI PENGADILAN PIDANA DALAM PERSPEKTIF HUKUM KESEHATAN

2019 ◽  
Vol 35 (1) ◽  
Author(s):  
Albertus Soge
Keyword(s):  
Health Services ◽  
Medical Practice ◽  
Medical Malpractice ◽  
Legal Protection ◽  
Criminal Court ◽  
Health Law ◽  
Long Period ◽  
Legal Uncertainty ◽  
The Law

Legislation on Health Law is a Lex Specialist law that contains exceptional norms for legal protection for providers and receivers of health services. Law Number 36 of 2009 on Health and Law Number 29 of 2004 on Medical Practice are not used consistently in resolving medical malpractice cases in the Criminal Court, thus causing injustice and legal uncertainty. Incorrect application of the law and a long period of cases resolution in court requires reform in handling medical malpractice cases.

scholarly journals Pertanggungjawaban Hukum Terhadap Tindakan Malpraktik Tenaga Medis di Rumah Sakit

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Ismail Koto ◽  
Erwin Asmadi
Keyword(s):  
Medical Malpractice ◽  
Research Method ◽  
Health Workers ◽  
Point Of View ◽  
Health Law ◽  
Legal Rules ◽  
Library Research ◽  
Legal Perspective

This article aims to find out the legal arrangements and liability related to malpractice acts in hospitals. The liability for criminal acts of malpractice is currently an important spotlight because the legal rules governing it are still vague. This is because the qualifications of malpractice acts are not clearly stated in the legal rules. These malpractice acts cannot be seen solely from a scientific point of view, but from a legal perspective too. Malpractice acts contain criminal and civil elements, this should be considered so that each party does not give their interpretations according to their respective knowledges. The research method used in this study is normative juridical by applying library research and conceptual approaches which will then be analyzed using Wetsen Rechtshitorische Interpretatie, grammatical interpretation, and systematic interpretation. Since the independence time until now, Indonesia has experienced three times of the Health Law enactment. The regulations related to medical malpractice in the Health Law state that, in the event that health workers are suspected of negligence in carrying out their profession, the negligence must be resolved first through mediation.

scholarly journals PERLINDUNGAN HUKUM BAGI KONSUMEN STUDI KESADARAN HUKUM PEREDARAN DAGING SAPI DI BOYOLALI

2020 ◽  
Vol 21 (2) ◽  
pp. 156-174
Author(s):  
Wahyudi Setiyawan ◽  
Absori Absori ◽  
Kelik Wardiono
Keyword(s):  
Law Enforcement ◽  
Qualitative Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Behavioral Factors ◽  
The Public ◽  
Library Research ◽  
Legal Attitudes

The research aimed to describe the public legal awareness about meat distribution and legal protection for the beef consumers through law enforcement efforts at Boyolali District based on a qualitative non-doctrinal approach. Therefore, this focused more on primary data collected by interviews and observations and supported by secondary data collected by library research. The data then were processed for further qualitative analysis. Based on the results of the study it was found that legal protection related to the distribution of healthy and safe meat did not run well as this was influenced by the community legal, namely the knowledge and understanding of law, although it had been supported by good legal attitudes and behavioral factors.

scholarly journals Juridical Analysis of the Legal Relationship Between Doctors and Patients in Health Services

2020 ◽  
Vol 7 (1) ◽  
pp. 79
Author(s):  
Enny Agustina
Keyword(s):  
Health Services ◽  
Legal Aspects ◽  
Community Health Services ◽  
Direct Role ◽  
The Public ◽  
Legal Relationship ◽  
The Government ◽  
Service Standards ◽  
The Relationship

The doctor and patient relationship is a pattern that is born among the doctor and the patient before continuing to the act of health care. And health services, is a concept used in providing health services to the community. Health services is a sub-system of health services whose main purpose is health services in terms of Preventive (preventive), Promotive (improving health,) Curative (healing health) and Rehabilitative (recovery) are all efforts mobilized by the government in improving the quality of health services prime and in accordance with standard operating procedures and health service standards. This study uses a method of approach to the community so that the public knows in more detail about the juridical analysis of the legal relationship among doctors and patients in health services. The results of this study are in terms of the legal aspects of health, the relationship among doctors and patients cannot decide what is called health services by doctors who have a direct role in improving tasks for the community in order to realize a good and quality society.�Analisis Yuridis Hubungan Hukum Antara Dokter Dan Pasien Dalam Layanan Kesehatan�Hubungan dokter dan pasien merupakan pola yang lahir antara dokter dan pasien sebelum berlanjut pada tindakan pelayanan kesehatan. Dan pelayanan kesehatan,merupakan sebuah konsep yang digunakan dalam memberikan layanan kesehatan kepada masyarakat. Pelayanan kesehatan adalah sebuah sub sistem pelayanan kesehatan yang ditujuan utamanya adalah pelayanan kesehatan dalam hal Preventif (pencegahan), Promotif (peningkatan kesehatan,) Kuratif (penyembuhan kesehatan) dan Rehabilitatif (pemulihan) merupakan segala upaya yang dikerahkan oleh pemerintah dalam peningkatan mutu pelayanan kesehatan yang prima dan sesuai dengan standar prosedur dan standar operasional prosedur pelayanan kesehatan. Penelitian ini menggunakan metode pendekatan kepada masyarakat sehingga masyarakat tahu lebih detail tentang analisis yuridis hubungan hukum antara dokter dan pasien dalam peyanan kesehatan. Hasil penelitian ini yaitu Dalam hal aspek hukum kesehatan, hubungan antara dokter dan pasien tidak dapat memutuskan apa yang disebut layanan kesehatan oleh dokter yang memiliki peran langsung dalam tugas-tugas perbaikan untuk masyarakat dalam rangka mewujudkan masyarakat yang baik dan berkualitas.

scholarly journals Perlindungan Hukum Terhadap Keselamatan Kerja Bagi Tenaga Kesehatan Akibat Pandemi Covid-19

SASI ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 280 ◽  
Author(s):  
Theresia Louize Pesulima ◽  
Yosia Hetharie
Keyword(s):  
Critical Period ◽  
Health Workers ◽  
Legal Protection ◽  
The Public ◽  
Global Government

Indonesia is entering a critical period of the Covid-19 pandemic. Health workers are a profession that is in the vanguard and fight directly against Covid-19. Under these conditions, sometimes health workers have to sacrifice their lives to protect the public from the spread of the Covid-19 pandemic. From the results of the discussion, it can be concluded that the legal protection of the workforce safety of health workers due to the Covid-19 pandemic has not been implemented properly as mandated in the legislation. In the implementation of the rights of health workers during the Covid-19 pandemic still neglected and have not been fulfilled. Therefore, the role and responsibilities of the global government are needed to fulfill the rights of health workers as the frontline in handling the spread of Covid-19 in Indonesia.

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