scholarly journals THE BENEFITS OF COMMUNICATION IN HEALTH SERVICES IN INDONESIA: A LEGAL STUDY

2021 ◽  
Vol 1 (2) ◽  
pp. 47-60
Author(s):  
Muhammad Hatta ◽  
Tengku Noor Azira Tengku Zainudin ◽  
Ramalinggam Rajamanickam ◽  
Yati Nurhayati
Keyword(s):  
Informed Consent ◽  
Health Services ◽  
Medical Treatment ◽  
Medical Practice ◽  
Medical Malpractice ◽  
Alternative Methods ◽  
Medical Treatments ◽  
Legal Study ◽  
The Republic

In the principle of informed consent, doctors were obliged to establish communication with patients before carrying out medical treatments. Information from the doctor became a guideline or consideration for patients in making a choice (freedom to choose) and gave approval to the doctor to carry out medical action to them. The obligation of doctors to effectively communicate has been regulated in Article 35 and Article 45 of Law No. 29 of 2004 concerning Medical Practice and further strengthened by Regulation of the Minister of Health of the Republic of Indonesia No. 290/ Menkes/ Per/ III/ 2008 concerning Approval of Medical Measures. The effectiveness of communication in health services was an act of caution in medical treatments. Before the medical treatment was carried out, the patient should already knew about the disease, the chances of healing, the risk of medical treatment and the patients were also given alternative methods of other treatments so that the patients has information about the illness and therapy that doctors would do. If communication between patients and doctors is effective, it could prevent medical malpractice.

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 Tanggung Gugat Resiko Dalam Aspek Hukum Kesehatan

SASI ◽  
2018 ◽  
Vol 23 (2) ◽  
pp. 149
Author(s):  
Arman Anwar
Keyword(s):  
Health Care ◽  
Health Services ◽  
Medical Practice ◽  
Health Personnel ◽  
Health Workers ◽  
Medical Personnel ◽  
Hospital Staff ◽  
Health Law ◽  
The Republic

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).

scholarly journals Legal Protection for Doctor who Performs Medical Treatments that Lead Patient to Death

Rechtsidee ◽  
2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Filosophia Putri Kemala Dewi
Keyword(s):  
Medical Treatment ◽  
Medical Practice ◽  
Government Regulation ◽  
Health Workers ◽  
Medical Profession ◽  
Legal Protection ◽  
The State ◽  
Doctor Who ◽  
Medical Treatments ◽  
Article 50

This research was carried out due to frequent accusations that doctors performed malpractice. Accusations of errors in medical treatment are often found in the field. The objectives of this research are to: 1) examine and analyze forms of legal protection for doctors/ dentists in providing medical services who carry out independent practices as well as those working in hospitals, 2) review and analyze legal liabilities of doctors/ dentists in carrying out medical profession that leads patients to death. This research applies statute and conceptual approaches that is equipped with a case approach. The analysis results of the research indicated that the State provides legal protection for a doctor/ dentist through Article 27 paragraph (1) of Law No. 36 of 2009 concerning Health, Article 50 point (a) Law No. 29 of 2004 concerning Medical Practice, Article 24 paragraph (1) Government Regulation No.32 of 1996 concerning Health Workers, and Article 57 points (a) Law No. 36 of 2014 concerning Health Workers. Moreover, besides the above positive laws, legal protection for doctors/ dentists who work in hospitals also applies Article 46 of Law No. 44 2009 about hospitals and respondeat superior doctrine.

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 Rethinking Informed Consent: The Case for Shared Medical Decision-Making

2006 ◽  
Vol 32 (4) ◽  
pp. 429-501 ◽  
Author(s):  
Jaime Staples King ◽  
Benjamin W. Moulton
Keyword(s):  
Informed Consent ◽  
Health Services Research ◽  
Health Services ◽  
Medical Practice ◽  
Medical Decision ◽  
Biomedical Science ◽  
Legislative Process ◽  
Services Research ◽  
Legal Standards ◽  
The Law

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.

scholarly journals Expert Assessment of Typical Problems in Medical Treatment of Patients with Bronchial Asthma

2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Alsim Kharisov ◽  
Aleksey Bereznikov ◽  
Evgeniya Berseneva ◽  
Sergey Shkitin ◽  
Maxim Efimov ◽  
...  
Keyword(s):  
Medical Treatment ◽  
Bronchial Asthma ◽  
Medical Practice ◽  
Adverse Outcomes ◽  
Expert Assessment ◽  
Medical Treatments ◽  
General Medical Practice ◽  
The Future ◽  
Quality Of Medical Care

The purpose of the study is to identify typical problems in medical treatment of patients with bronchial asthma and to assess how it effects the future course of the disease. Experts in «general medical practice», «pulmonology», «therapy» conducted an examination. On the basis of the expert examinations, typical problems in medical treatments have been identified and classified. The most significant violations affecting the course of the disease and the formation of adverse outcomes in bronchial asthma have been identified. The results of the study can be used to develop a methodology for assessing the quality of medical care and predicting the future course of the disease in patients with bronchial asthma.

scholarly journals Legal Protection for Doctor who Performs Medical Treatments that Lead Patient to Death

Rechtsidee ◽  
2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Filosophia Putri Kemala Dewi
Keyword(s):  
Medical Treatment ◽  
Medical Practice ◽  
Government Regulation ◽  
Health Workers ◽  
Medical Profession ◽  
Legal Protection ◽  
The State ◽  
Doctor Who ◽  
Medical Treatments ◽  
Article 50

This research was carried out due to frequent accusations that doctors performed malpractice. Accusations of errors in medical treatment are often found in the field. The objectives of this research are to: 1) examine and analyze forms of legal protection for doctors/ dentists in providing medical services who carry out independent practices as well as those working in hospitals, 2) review and analyze legal liabilities of doctors/ dentists in carrying out medical profession that leads patients to death. This research applies statute and conceptual approaches that is equipped with a case approach. The analysis results of the research indicated that the State provides legal protection for a doctor/ dentist through Article 27 paragraph (1) of Law No. 36 of 2009 concerning Health, Article 50 point (a) Law No. 29 of 2004 concerning Medical Practice, Article 24 paragraph (1) Government Regulation No.32 of 1996 concerning Health Workers, and Article 57 points (a) Law No. 36 of 2014 concerning Health Workers. Moreover, besides the above positive laws, legal protection for doctors/ dentists who work in hospitals also applies Article 46 of Law No. 44 2009 about hospitals and respondeat superior doctrine.

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

2017 ◽  
Vol 4 (1) ◽  
pp. 123
Author(s):  
Sakir Sila
Keyword(s):  
General Practitioner ◽  
Informed Consent ◽  
Health Services ◽  
Medical Practice ◽  
Medical Staff ◽  
Medical Personnel ◽  
Medical Services ◽  
Professional Relationship ◽  
Patient Understanding ◽  
General Dentist

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

Barriers to Forgoing Nutrition and Hydration in Nursing Homes

1995 ◽  
Vol 21 (4) ◽  
pp. 335-382
Author(s):  
Alan Meisel
Keyword(s):  
Nursing Homes ◽  
Medical Treatment ◽  
Medical Practice ◽  
Artificial Nutrition ◽  
Right To Die ◽  
Artificial Nutrition And Hydration ◽  
Medical Treatments ◽  
The Public ◽  
Nutrition And Hydration ◽  
The Right

In the two decades since the Karen Quinlan case first brought the issues that now go under the heading of the “right to die” to the attention of the courts and the public, a well-accepted legal consensus has developed about the law governing the forgoing of life-sustaining medical treatment. Law and clinical medical practice do not always run in tandem, however, and what law prescribes does not always occur in practice. One aspect of the legal consensus—that artificial nutrition and hydration is a medical treatment and thus may be withheld or withdrawn according to the same procedures and standards as other life-sustaining medical treatments—is probably less well accepted than the remainder. For reasons that I will explain, this is understandable. But what is puzzling is that this element of the consensus seems to be even less well accepted in nursing homes than in acute-care hospitals.

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