scholarly journals PERTANGGUNGJAWABAN YURIDIS DALAM TRANSAKSI LAYANAN MEDIS (TRANSAKSI TERAPEUTIK) TERMASUK INFORMED CONSENT ATAS TINDAKAN MEDIS PADA RUMAH SAKIT

Legal Spirit ◽  
2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Mahadian Tri Ekasari

This research resulted, First, with the informed consent not necessarily the medical staff / doctor cannot be sued or prosecuted, precisely with the existence of this informed consent the medical staff / doctor must work professionally and in accordance with operational standards as stated in informed consent. Second, hospitals as legal entities (corporations) can be prosecuted and accounted for by malpractice actions of health workers in hospitals. Article 46 of Law Number 44 Year 2009 concerning Hospitals that hospitals must be responsible for negligence committed by doctors practicing in hospitals is a burden borne by the owner and management of the hospital. Third, there are several efforts that can be taken in the event of negligence or malpractice by health workers / doctors / hospitals, namely by reporting to the MKEK / MKDKI, conducting mediation, civil litigation and criminal reporting.Keywords: Informed Consent, Patient, Hospital

2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Wouter Bakker ◽  
Siem Zethof ◽  
Felix Nansongole ◽  
Kelvin Kilowe ◽  
Jos van Roosmalen ◽  
...  

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.


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.


2014 ◽  
Vol 8 (8) ◽  
pp. 393
Author(s):  
Dwi Retno Wulandari ◽  
Linda Dewanti

Penelitian terdahulu menyebutkan bahwa ibu melahirkan secara sectio caesarea cenderung lebih lambat melakukan inisiasi menyusu dini dan mempunyai prevalensi lebih rendah dalam praktik ASI ekslusif dibanding Ibu melahirkan pervaginam. Ibu post sectio caesarea juga tidak memulai menyusui bayinya pada hari pertama melahirkan. Tujuan penelitian ini adalah mengetahui faktor yang menyebabkan rendahnya praktik inisiasi ASI pada Ibu post sectio caesarea termasuk peran tenaga kesehatan di sebuah rumah sakit di Surabaya. Sebanyak 72 ibu yang melahirkan secara sectio caesarea selama bulan Juni 2012 telah menandatangani informed consent, diobservasi sejak masuk rumah sakit sampai akhir hari ke-2 post sectio caesarea, dan diwawancara dengan menggunakan kuesioner. Hasil penelitian menunjukkan semua ibu sudah mempunyai pengetahuan yang baik tentang ASI, 26,4% di antaranya sudah mempunyai pengalaman sebelumnya dalam memberikan ASI, tetapi hanya 6,9% dan total 29,2% yang mulai memberikan ASI pada hari pertama dan kedua pasca sectio caesarea. Dukungan tenaga kesehatan dalam hal membantu proses pemberian ASI dilaporkan masih rendah. Uji korelasi mendapatkan bahwa dukungan tenaga kesehatan dan kondisi rawat gabung adalah faktor yang berhubungan dengan praktik pemberian ASI (p value 0,39; p = 0,001; phi value = 0,47; p = 0,001). Rendahnya pemberian ASI ibu pasca sectio caesarea berkorelasi dengan rendahnya dukungan tenaga kesehatan dan penundaan rawat gabung.Previous studies showed that breastfeeding initiation was late in babies born with sectio caesarea compared to those with vaginal delivery and prevalence of exclusive breastfeeding practice was low in the former group. There was no breastfeeding initiation in the first day of post sectio caesarea. The objective of this study was to define factors correlated to low breast feeding practice initiation on post sectio caesarea mother, including the role of health workers in a hospital in Surabaya. 72 post sectio caesarea mothers were observed and interviewed on 1-30 June 2012 to find the factors correlated with breastfeeding practice. The results showed that although all the mothers already had a good knowledge about breastfeeding, and 26.4% of them had previous experience in breastfeeding, only 6.9% and 29.2% of total breastfeeding is started on the first and second post sectio caesarea respectively. Support for breastfeeding practice from health workers was low, and there were significant correlation between the support and rooming conditions with breastfeeding practices (p = 0.001). We concluded that low level of breastfeeding practice on mother with sectio caesarea correlated with low support of health professional and with the delay of room-in practice. 


2017 ◽  
Vol 16 (4) ◽  
pp. 52-57 ◽  
Author(s):  
V. G. Akimkin ◽  
T. A. Semenenko

The results of specific immunization of hospital health workers with domestic hepatitis B «Combiotech» vaccine indicate its high immunological and epidemiological efficiency. Protective level of collective immunity was established during surveillance according to the standard vaccination scheme, and epidemiological protectability over a period of the emergency vaccination scheme with the threat of professional infection. The marked lack of hepatitis B cases among vaccinated persons when carrying out immunization according to standard and emergency schemes as well as a significant reduction of the morbidity of medical staff of various clinical forms of the infection got registered. Use of domestic preparation taking into account two serotypes of ayw and adw which are contained in vaccines against hepatitis B is advisable.


2007 ◽  
Vol 89 (4) ◽  
pp. 368-373 ◽  
Author(s):  
MG Berry ◽  
Jennifer Unwin ◽  
GL Ross ◽  
Elizabeth Peacock ◽  
A Juma

INTRODUCTION The quality and quantity of information required in the consent process is well documented, but there is little extant literature regarding timing of either information about the proposed procedure or the act of consent itself. With the recent introduction of a new NHS-wide consent form, we wished to determine the preferences of both patients and staff to ascertain whether any concordance of views existed. PATIENTS AND METHODS A 10-point questionnaire, developed in conjunction with the department of clinical psychology was completed by 242 patients selected for surgery over a 4-month period. Identical questionnaires were completed by local staff (n = 50) and national consultant plastic surgeons (n = 56). RESULTS The cumulative majority (61.8%) preferred information at the specialist out-patient appointment (OPA). There was a significant difference (P < 0.001) between patients and staff as to information provision by the specialist as compared to non-specialists; staff indicating it much more strongly. As to the timing of consent form signature, 40.2% preferred signature on admission with no statistically significant difference between subgroups. An additional pre-operative clinic, for consent form signing, was selected by 27.3%. Staff expressed this view more often than patients (P < 0.001). CONCLUSIONS Patients prefer information about a planned surgical procedure at their specialist OPA and final consent for surgery when admitted to the ward. Staff had quite definite views and felt an additional pre-operative out-patient appointment to be beneficial, more so than the patients themselves.


2018 ◽  
Author(s):  
Andan Firmansyah

Medical procedures performed by medical personnel at the hospital can bring a variety ofrisk to the patient. Anxiety is the most common response experienced by parents when thereare health problems in children. Largely due to the lack of knowledge or informationobtained related to the action to be performed. Informed consent is consent given medicaltreatment by patients or their families on the basis of the explanation of health workers. Thepurpose of giving informed consent in order to reduce the level of parental anxiety.Thepurpose of this study was to determine the relationship between the provision of informedconsent by the level of anxiety of parents of children who were treated intravenously in theED Hospital District. Polewali. This study used cross sectional design with accidentalsampling technique in 30 respondents. The statistical test used is chi-square with asignificance level of p &lt;0.000.These results indicate that administration of informed consenthave a significant relationship with the level of anxiety of parents of children who weretreated intravenously with the value of significance is p = 0.000 (p = &lt;0.05).The conclusion of this study is that the informed consent provision related to the level ofanxiety of parents of children who were given intravenous therapy in the ED. Suggestionsfrom this study is expected to hospital management can improve the quality of health careand nursing care that all nursing staff provide informed consent in accordance with its role isto protect the rights of patients to a given action in order to minimize anxiety in the elderly.


2020 ◽  
Vol 5 (1) ◽  
pp. 39
Author(s):  
Do Thi Nhuong ◽  
Chu Tuan Anh

Medical staff holds a pivotal role in the Vietnamese health system, and is crucial to the efficiency and quality of health care services in Vietnam. It is their professional and dedicated work that is a permanent basis to guarantee protection of and care for people’s health in the provision of health care services to people in all regions, including remote areas, borders and islands. The continuous growth in the quantity and quality of health workers in Vietnam has affirmed the right leadership of the Communist Party of Vietnam in building this health workforce over the years.


2021 ◽  
Vol 1 (1) ◽  
pp. 485-490
Author(s):  
Sesilia Sesilia Fransiska ◽  
Dewi Purnamawati

Hospitals are included in the criteria for workplaces with hazards that can have an impact on health, both for health workers as well as for visitors and hospital patients, especially during the COVID-19 pandemic. Therefore, compliance and completeness of the use of PPE, especially in the Covid19 isolation room is very important. This research is a descriptive observational study, with a population and sample of 16 people. The survey was conducted using a developed questionnaire. Data collection was carried out using instruments in the form of questionnaires and observation checklist sheets. The survey was conducted using a developed questionnaire. Compliance and completeness of the use of PPE for inpatients in COVID-19 isolation at FMC Hospital is 100%. The respondents which are medical staff use complete level 3 PPE which consists of eye protection and face shield, head cover/head cap, N95 mask or equivalent, Coverall / Gown/apron, sterile rubber surgical gloves disposable, boots/rubber boots. But the incidence of COVID-19 transmission is 40% for inpatients medical staff in isolation for COVID-19. The possibility of transmission does not come from the workplace but can occur in daily routines and social activities. Compliance and completeness in the use of PPE for inpatients in COVID-19 isolation in FMC Hospital are high (100%), the incidence of being infected with COVID-19 in medical personnel does not only occur in the work environment.


2021 ◽  
Vol 2 (2) ◽  
pp. 57-65
Author(s):  
Ade Irwanto ◽  
Fakhruddin Razy

.  Suppose there is a problem related to the loss incurred to the patient when the doctor of the Internship program does not meet the established educational standards. In that case, health services will be exposed to a greater risk of civil liability if they ignore internal arrangements related to internal physicians. The risk of joint civil litigation will be very burdensome for interns and hospitals if hospital leaders issue wrong clinical assignments. Hospitals need to be aware that material and substance cannot be compared between hospitals and hospitals. Each hospital should ask their medical committee to arrange bylaws related to implementing the profession of interns in their respective hospitals. The approach used in this study is the method of the Legislative Approach (Statue Uproach), Conceptual Approach, and Sociological Approaches. By law anyone who causes or incurs a loss to another person is required to account for any such loss. Likewise, doctors, as health workers who have provided health services (medical measures) to patients, if the doctor incurs losses with these services, are obliged to provide accountability. The responsibility of doctors who commit malpractice can be punched in 3 (three) aspects: civil, criminal, and administrative matters.  


2020 ◽  
Vol 4 (1) ◽  
pp. 24
Author(s):  
Bambang Tri Bawono

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.


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