APPLICATION OF MEDICAL ACTION LAW (INFORMEN CONSENT) BASED ON AGREEMENT LAW (BETWEEN HOSPITAL AND PATIENT. Evie Ratna Dewi
Borobudur University
Abstract
Informed consent is very important to all the parties in medical services. It forms usually found as a standard form from the hospital, to make it easier to fill and fulfill the juridical standards, so it could be used as a proof in case of a dispute. Basically that informed consent should embody clauses from the Law number 29 Year 2004 about The Medical Practice, and Ministerial Decree number 585 Year 1989 about Medical Act Approval and fulfill aspect article 1320 and 1321 Indonesian Civil Code, as the patient has the rights over his/her body and the doctor should give respect it.
Juridical, the procedures has running well but there are still some problem regarding the information being given to the patient and the lack of understanding concerning rights and obligations of the patients. This research has shown that the informed consent has gone well as nobody sue the hospital, but there are still should be some focus on how the information should be given.
It was found that there are no authentic in this case. There should be at least the doctor performing the medical act, the patient, and the nursing unit, and the family of the patient. Now there is only family of the patient and the nursing unit. This not comply with the Law number 29 Year 2004 on Medical Practice , as there should be diagnosis, procedures , objectives, alternatives and risk, complications, and prognosis of any medical act. The doctor could be sued base on article 1365 and 1366 Indonesian Civil Code. It is recommended that the hospital should improve the informed consent.
Keywords: Informent consent, medical law, hospital
