Agus Yudha Hernoko, - and Ghansham Anand, - and Antonius Gunawan Dharmadji, - and Chesa Ramadhan, - (2020) The Anatomy Of Informed Consent That Provides Legal Protection For Every Party. ASSEHR, 390 . Atlantis Press. ISBN 978-94-6252-881-9

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Abstract

a doctor-patient relationship relies on two kinds of basic individual rights; right of self-determination and right to healthcare. These basic rights derive from patients’ rights to get information about their medical condition. This study discusses the importance of informed consent for any parties engaged in a therapeutic agreement. It resulted in several findings. First, informed consent is useful to provide legal protection for any parties that give medical services. Second, hospitals in Indonesia, particularly in Airlangga Hospital along with its stakeholders may have better understanding on their rights and obligations in respect to providing medical treatment to their patients, as well as making decisions. This study is a normative legal research. As a normative research, it uses statute and case approaches. The data resources to be used here is primary and secondary materials, which collected through library research on legal references that related to this study. This study concluded that informed consent can be defined as the recognition on the principle of equality between doctor and patient; The procedures of providing informed consent begins since the doctor provides information about medical treatmen will be given to the patient or another legal relative; and they may approve or, otherwise, refuse the medical treatment.

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