Friday, January 14, 2011

Relations Law Doctors & Patients Based on the Applicable Regulations in Indonesia

Physician relationship with patients is a unique relationship, doctors as health providers and patients as recipients of health services. Doctors are experts and ordinary patients, doctors are healthy and sick patients.

Responsibility relationship is unbalanced, causing patients because keawamannya do not know what is happening at the time of medical acts performed, this is possible because information from doctors is not always understood by the patient.

Often patients do not understand it, suspect that an error occurred / negligence, so the doctors asked to replace the losses suffered. That often the wrong opinion is that any errors / omissions are done by the doctor must get gantirugi. Even sometimes if there is something about the alleged malpractice occurred, then used by the patient as an opportunity to force doctors to pay compensation.

In determining whether or not the doctor guilty and paying compensation to be proved first, and is determined by the judge in court. The problem is doctors are highly vulnerable to publication, so that doctors often are reluctant to be highlighted in the media, paying patient complaints, without due process of law.

This error is often misused by patients, causing doctors to protect themselves in various ways to avoid lawsuits from patients. One way is to transfer responsibility to a third party ie insurance, or working extra careful. In turn, the loss of patients as well as the cost of treatment becomes larger and the patient must bear the burden.

Actual fault or negligence of doctors in carrying out the medical profession, is an important thing to be discussed and known by physicians in general, it is because due to errors and omissions may cause very harmful effects. Besides damaging or reducing public trust in the medical profession also cause harm to patients. To understand the presence or absence of fault or negligence, the first execution errors or omissions should be placed facing the profession with the professional obligations in addition to the aspect of law that underlies the legal relationship between doctors with patients based on therapeutic transactions.

When viewed from the standpoint of law, the relationship between patients with doctors included in the scope of the agreement (transaction therapeutic) because of the ability of doctors to promote health or cure the patient, the patient otherwise approved therapeutic actions performed by the doctor. Agreement has therapeutic qualities and special features, not the same as the nature and features of the agreement in general, because the object of agreement in the therapeutic transaction is not a "cure" the patient, but look for "efforts" the right to cure the patient. Agreement doctors with patients, including the appointment of "effort" or called (Inspaningsverbintenis) not an agreement about the "results" or called (Resultaatverbintenis). Legal relationship between the patient's doctor may occur partly because; patient who came for help physicians treat illness, in circumstances like this happens will the agreement between the two sides, and place the legal relationship of trust derived from a patient to a doctor, so patients are willing to give consent medical action (informed consent).

In Indonesia, informed consent has been obtained juridical justification through the Minister of Health Regulation No. RI. 585/Menkes/1989. Approval of medical action (informed consent) in practice much difficulty, because of the language factor, factor family intervention or a third party in giving consent, factor the difference of interest between doctors and patients, and other factors.

Because of this concept is only obliged to physician health services with full sincerity, with all his ability and interest in accordance with professional standards. So says a doctor can make a mistake or negligence in carrying out his profession, if he did not fulfill their obligations properly, based on the highest they have the ability in accordance with operational standards (SOP).

1 comment:

  1. Hey Aime,

    Congratulation to all of you. I was very encouraged to find this site. I wanted to thank you for this special read. I definitely savored every little bit of it and I have you bookmarked to check out new stuff you post.

    Thanks a lot.
    Johny Lee
    Business Litigation Attorney


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