I Gusti Ayu Nyoman Karina Sutama Putra, - and Ghansam Anand, - (2020) The Nature and Prosedure for Providing Informed Consent to Emergency Patients. PalArch's Journal of Archaeology of Egypt/Egyptology, 17 (2). pp. 1963-1971. ISSN 1567-214X

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Abstract

Health is one of the rights possessed by every Indonesian citizen as regulated in Article 28 H section 1 1945 Constitution. People has the right to receive treatment and care. Health professionals are needed to optimize health services in carrying out medical practices in accordance with professional standards and operational procedure standards. The relationship that arises between the doctor and the patient is called the Therapeutic Contract. In this contract, the approval of the medical action given by the patient appears as a form of approval of the medical action which begins with offers of medical action by the doctor. This is called the Informed Consent. Firstly, the purpose of this study is to find and analyze the merit of the Informed Consent in Therapeutic transactions in Indonesia. Relationships between doctors and patients are originated from a relationship of trust (paternalistic). In its development, it includes stages of the process in providing medical services, which is commonly known as therapeutic transactions. Secondly, this study aims to search and review procedures for providing Informed Consent to emergency patients in terms of the law of obligations. The method used in this study was a normative juridical method by systematically reviewing clear legal norms and rules. In emergency situations, in accordance with the provisions of the Minister of Health Regulation Number 290 / MENKES / PER / III / 2008, an Informed Consent is given shortly after the patient is awake, after the doctor gives medical treatment because the main thing is the patient’s safety.

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