INFORMED CONSENT YANG BERIMPLIKASI MALPRAKTIK KEDOKTERAN

SYAFRUDDIN, 030970560 (2015) INFORMED CONSENT YANG BERIMPLIKASI MALPRAKTIK KEDOKTERAN. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Official URL: http://lib.unair.ac.id

Abstract

The research analysis the phlosophy of informed consent that has potentially medical malpractice in physicians-patient relationship. The research emphasizes the principle of equalization between doctor and patient. In reality, it is frequently no equality in physician-patient relationship, whereas patient has right to deserve maximun health service in accordance with the objective of national development – boosting the awarness, willingnes and ability to live healthy for everyone. Health is one of public wealth and a human rights that protected by State and stated in Preamble and Article 28 H verse (1) The 1945 Constitution. The type of the research is normative research and using regulations, conceptual, cases, and comparasion as the approaches. The result of the research is filosofi of informed consent (lack of informed consent) that has potentially medical malpractice in physicians or medical worker-patient relationship. Principally, informed consent is a basic right given by God to every human being and it is universal in scope. Therefore, any medical action conducted by physician has to obtain patient #8223;s consent and guaranteed by Constitution. Informed consent is regulated by the Regulation of Ministry of Health Number 290/Menkes/PER/III/2008 on Informed Consent. Regulation of Ministry of Health is published prior to the Law on Hospital. The regulation only details the procedure of informed consent administratively. Some of the Attorney General decisions does not state the principle of informent consent but only states the neglience of physician and it refers to Indonesia Law Code Article 359 that states the neglience as mistake or carelesness. The result of research recommends the amandment of Law on Hospital, especially on the addition of strict sanction. In any medical action, informed consent should be conducted. By this amandment, informed consent will not refer to Law Code Article 359 anymore but to Law on Hospital.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2 Dis H. 09-15 Sya i
Uncontrolled Keywords: informed consent, physician, patient, and medical malpractice
Subjects: K Law
R Medicine > RA Public aspects of medicine > RA1-1270 Public aspects of medicine > RA1001-1171 Forensic medicine. Medical jurisprudence. Legal medicine
Divisions: 03. Fakultas Hukum > Dasar Ilmu Hukum
Creators:
CreatorsEmail
SYAFRUDDIN, 030970560UNSPECIFIED
Contributors:
ContributionNameEmail
ContributorDidik Endro Purwoleksono, Prof. Dr., S.H., M.H.UNSPECIFIED
ContributorAGUS YUDHA HERNOKO, Prof. Dr., S.H., M.H.UNSPECIFIED
Depositing User: Tn Joko Iskandar
Date Deposited: 10 Oct 2016 03:08
Last Modified: 10 Oct 2016 03:08
URI: http://repository.unair.ac.id/id/eprint/32534
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