LEGAL REVIEW OF THE RESPONSIBILITY OF DOCTORS WHO ACT WITHOUT THE CONSENT OF THE PATIENT'S FAMILY (CASE STUDY OF DECISION NUMBER 3203K/PDT/2017)

Penulis

  • Omay Chusmayadi University of Jayabaya, Jakarta
  • Rifqi Fadhlurrahman Rosyid University of Muhammadiyah Cirebon
  • Alip Rahman University of Muhammadiyah Cirebon

DOI:

https://doi.org/10.33603/responsif.v15i2.9548

Kata Kunci:

informed consent, Unlawful Acts, malpractice

Abstrak

Within the field of medicine, practitioners are guided by teachings on ethics and morals to fulfill their duties and responsibilities in serving the community. Imagine a scenario when a doctor breaches the relevant ethical and moral standards. If such a situation arises, the discipline will be enforced either by the professional association responsible for setting the ethical guidelines or by legal authorities who will process and impose penalties to prevent doctors from neglecting their duty to get informed permission and engaging in malpractice. Informed consent serves a dual purpose for both patients and doctors. For doctors, it provides a sense of assurance when performing medical procedures on patients and acts as a form of protection against potential legal claims or lawsuits that may arise from any unforeseen accidents. Regarding informed consent, it refers to the patient's entitlement to receive comprehensive information regarding their medical condition, the recommended medical procedures, and the potential outcomes associated with each decision.

Referensi

Book

Bahder, Johan Nasution, Health Law Physician Responsibility, Jakarta: Rineka Cipta, 2005.

Chrisdianto, M Achadiat, Dynamics of Medical Ethics & Law in the Challenges of the Times, Jakarta: Dokter Book Publisher, 2006.

Daldiyono, Smart Patient & Wise Doctor, Jakarta: Bhuana Ilmu Popoler, 2007.

Dr. Ampera, Matippana, The Importance of Understanding Informed Consent and Medical Secrets in Medical Practice, Ponorogo: Uwais Inspirasi Indonesia, 2021.

Dr. Irawan, Health Ethics and Behavior, Yogyakarta: CV. Absolute Media, 2017.

Haryanto Njoto, Liability of Doctors and Hospitals Due to Adverse Medical Actions, Surabaya: Journal of University Law 17 August 1945, 2011.

Herniawati, Professional Ethics and Health Law, Bandung: Widiana Bhakti Persada Bandung, 2020.

Hendrik, Health Ethics & Law, Jakarta: EGC, 2011.

J. Guwandi, Doctor, Patient and Law, Jakarta: Faculty of Medicine Press, University of Indonesia, 2003.

Mariam, Darus Badrulzaman, The Concept of Medical Action Consent, Bandung: Alumni Print, 2010

Muhamad, Sadi Is, Ethics and Health Law Theory and Its Application in Indonesia, Jakarta: Kencana, 2015.

R, Subekti, Law of Agreements, Jakarta: Pt Intermasa, 2008.

Rosa, Agustina, , Unlawful Acts, Jakarta: FHUI Postgraduate Program, 2003.

Siswanto, Pabidang, The Importance of Informed Consent, Jakarta: Tabloid BIDI, 2000.

Legislation

The Constitution of the Republic of Indonesia in 1945. Law No. 23 of 1992 concerning

Law No. 29 of 2004 concerning Medical Practice Law 36 of 2009 concerning Health

Regulation of the Minister of Health of the Republic of Indonesia number 4 of 2019 concerning Technical Standards for the Fulfillment of Basic Service QualityBased on Minimum Service Standards in the Health Sector.

Regulation of the Minister of Health of the Republic of Indonesia Number 290/Menkes/Per/III/2008 concerning Approval of Medical Actions

Unduhan

Diterbitkan

2024-09-21

Terbitan

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