scholarly journals The Legal Consequences of Informed Consent for Doctors and Patients in Theurapeutic Agreements

2020 ◽  
Vol 3 (6) ◽  
Author(s):  
Iip Verra Selvia ◽  
Arief Suryono ◽  
Sapto Hermawan
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Professional Association ◽  
Professional Standards ◽  
The Other ◽  
Medical Procedures ◽  
Object A ◽  
Other Hand ◽  
The Law ◽  
Legal Consequences

Informed consent is a requirement for the occurrence of therapeutic agreements between doctors and patients. Therapeutic agreements are agreements where healing effort (inspanningverbittenes) is constituted as legal object. A patient who has given a consent is considered to understand the benefits and risks of medical treatment he would receive. However, the existence of informed consent does not make any doctor immune to the law. If a doctor works outside the professional standards and operational standards that apply and is proven by the professional association, then a doctor could be sanctioned according to applicable regulations. On the other hand, the patient is required to be cooperative in providing information and complying with the medical procedures. The existence of a therapeutic agreement results in both doctor and patient being bound to each other's rights and obligations. Keywords: informed consent; therapeutic agreement; doctor; patient

The Nocebo Effect and Informed Consent—Taking Autonomy Seriously

2020 ◽  
Vol 29 (2) ◽  
pp. 223-235
Author(s):  
SCOTT GELFAND
Keyword(s):  
Informed Consent ◽  
Side Effects ◽  
Medical Treatment ◽  
Side Effect ◽  
Patient Autonomy ◽  
The Other ◽  
Nocebo Effect ◽  
Other Hand ◽  
Patient Will ◽  
Practical Tool

AbstractThe nocebo effect, a phenomenon whereby learning about the possible side effects of a medical treatment increases the likelihood that one will suffer these side effects, continues to challenge physicians and ethicists. If a physician fully informs her patient as to the potential side effects of a medicine that may produce nocebogenic effects, which is usually conceived of as being a requirement associated with the duty to respect autonomy, she risks increasing the likelihood that her patient will experience these side effects and therefore suffer (unnecessary) harm, a violation of the duty of nonmaleficence. If, on the other hand, she intentionally withholds side effect information in an effort to protect her patient from suffering unnecessary harm from side effects, which is consistent with the duty of nonmaleficence, she violates the duty to respect patient autonomy. In this paper, the author discusses several previous attempts to deal with the nocebo effect and explains their weaknesses. He then proposes a means of managing the nocebo effect and argues that it does not share the weaknesses found in previous approaches. He concludes with a discussion of a simple, yet practical tool that might help clinicians manage the tension resulting from the nocebo effect.

TINJAUAN TERHADAP DOKTER YANG MENANGANI PASIEN GAWAT DARURAT TANPA MENGGUNAKAN INFORMED CONSENT

2019 ◽  
Vol 7 (1) ◽  
pp. 150
Author(s):  
Indra Darian Wicaksana , ◽  
Ambar Budhisulistyawati ,
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Legal Protection ◽  
Research Approach ◽  
Medical Procedures ◽  
Legal Norms ◽  
Library Research ◽  
Individual Informed Consent ◽  
Materials Research ◽  
Legal Consequences

<p>Abstract<br />This journal aims to determine the legal consequences of emergency medical treatment without informed <br />consent. This research is a normative perspective. As science is perspective, the science of law study law <br />purposes, the values   of justice, the validity of the rule of law and legal norms. This research approach using <br />the statue approach. Legal materials research using primary and secondary legal materials. Mechanical <br />collection  of  legal materials  research through library research / study documents and subsequently <br />analyzed by deduction, the analysis to draw conclusions from things that are common to be the case that <br />individual. Informed consent is mandatory before doctors perform medical procedures on patients. In the <br />absence of informed consent then there is no agreement before medical treatment. In the absence of <br />informed consent is the legal protection of the doctor and the patient is minimal and there is no agreement <br />between the patient and the doctor. Legal consequences arising in the absence of informed consent was <br />not inflict a loss of a doctor giving a feat obligation to the patient. <br />Keywords: Legal consequences; Informed Consent;  Agreement; Exception</p><p>Abstrak<br />Jurnal  ini  bertujuan  untuk  mengetahui  akibat  hukum  dari  penanganan  medis  gawat  darurat  tanpa <br />menggunakan informed consent. Penelitian ini merupakan penelitian normatif yang bersifat perspektif. <br />Sebagai  ilmu  yang  bersifat  prespektif,  ilmu  hukum  mempelajari  tujuan  hukum,  nilai-nilai  keadilan, <br />validitas aturan hukum, dan norma-norma hukum. Pendekatan penelitian ini menggunakan pendekatan <br />undang-undang. Bahan hukum penelitian ini menggunakan bahan hukum primer dan sekunder. Teknik <br />pengumpulan bahan hukum penelitian ini melalui studi kepustakaan/studi dokumen dan selanjutnya <br />dianalisis dengan teknik deduksi, analisis untuk menarik kesimpulan dari hal yang bersifat umum menjadi <br />kasus yang bersifat individual. Informed Consent merupakan hal yang wajib sebelum dokter melakukan <br />tindakan medis terhadap pasien. Dengan tidak adanya informed consent maka tidak terjadi perikatan <br />sebelum penanganan medis. Dengan tidak adanya informed consent maka perlindungan hukum terhadap <br />dokter dan pasien sangatlah minim dan tidak terdapat perikatan antara pasien dan dokter. Akibat hukum <br />yang timbul dengan tidak adanya informed consent ternyata tidak menimbulkan hilangnya kewajiban <br />dokter memberikan suatu prestasi kepada pasien. <br />Kata Kunci : Akibat Hukum; Informed Consent; Persetujuan; Pengecualian</p>

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

scholarly journals ETHICAL PRINCIPLES OF SOCIETY AS REGULATORY FACTORS OF CIVIL LAW OF UKRAINE: THE ISSUE OF VALIDITY

2019 ◽  
pp. 16-20
Author(s):  
V. Кroitor
Keyword(s):  
Civil Law ◽  
The Other ◽  
Ethical Principles ◽  
Regulatory Requirements ◽  
Regulatory Factors ◽  
Other Hand ◽  
Moral Rules ◽  
The Law ◽  
The One

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

scholarly journals Dual citizenship and military service in Yugoslav law

1999 ◽  
Vol 71 (12) ◽  
pp. 204-209
Author(s):  
Tamaš Korhec
Keyword(s):  
Military Service ◽  
General Rule ◽  
The Other ◽  
Dual Citizenship ◽  
Other Hand ◽  
The Law ◽  
The Military

Persons with two or more citizenship are exceptions from the rule that one person has a citizenship of one state. Yugoslav Law make no restrictions for Yugoslav citizens to gain the citizenship of other states, besides the citizenship of the FRY, with the general rule that these dual citizens shall be treated as Yugoslav citizens during there residence in FRY. On the other hand, concerning the military service the Law on Yugoslav Army makes an exception, and provides that dual citizens, regular service in military is conditional and facultative obligation. This pretty vague rule has been recently interpreted by the decisions of the Supreme military court.

Indecent Exposure

2020 ◽  
pp. 225-248
Author(s):  
Stuart P. Green
Keyword(s):  
The Other ◽  
Political Protest ◽  
Criminal Sanctions ◽  
Other Hand ◽  
Sensual Pleasure ◽  
The Law

This chapter considers the flip side of voyeurism—namely, indecent exposure, or exhibitionism. Whereas in voyeurism, the offender views his victim’s private activities without her consent, in indecent exposure, he subjects her to his own intimate activities. The interests and rights at stake in the two offenses are thus complementary. This chapter argues that criminal sanctions for indecent exposure are ultimately justified not on the basis of its harms, which are relatively minor, but rather on the basis of its tendency to cause offense. Unlike incest and sadomasochistic assault, which are usually performed in private, indecent exposure is normally committed in public and specifically intended to cause shock, distress, or disgust. On the other hand, some exhibitionists will have legitimate reasons for exposing themselves. They may be engaging in political protest, participating in an artistic endeavor, communing with nature, or exploring sensual pleasure. The chapter suggests that under liberal principles, the law of indecent exposure should be applied only to the most egregious and offensive sorts of exposure for which there is no legitimate justification.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

Sign in / Sign up

Export Citation Format

Share Document