IMPLEMENTASI PERSETUJUAN TINDAKAN KEDOKTERAN (INFORMED CONSENT) DALAM PERJANJIAN TERAPEUTIK OLEH TENAGA KESEHATAN TERHADAP PASIEN RUMAH SAKIT DI PROVINSI BALI
Abstract: Health is the most
important part of human life that can affect productivity and optimal human
activity. When a person's health is compromised, then that person will seek
treatment in health care facilities in the hospital one of them in order to get
action. Measures of medicine containing the high risk should get written
consent from patient/family called Informed Consent. The legal relationship
between health professionals with patients occurs because of the agreement that
causes the therapeutic relationship inspaningverbintenis law (treaty effort).
Similarly in the Bali Provincial Hospital in any medical act especially
those containing a high risk, which is done by some health professionals are
also using the Informed Consent. But if there is negligence actions that cause
harm, who will be responsible for the risks in the suffering patient / family?
and how the efforts of patient / family to resolve medical disputes against the
risk of Informed Consent?
The method used in this research is an empirical law derived from primary
data and secondary data. The nature of the study is descriptive, with
qualitative data analysis. Overall the results of these analyzes are presented
in the description which describes the complete problem under study, along with
a critical discussion.
Based on the Theory of Legal System of L. M. Friedman, legal systems
theory described by Soerjono Soekanto be legal efficacy theory, the theory of
Hans Kelsen responsibility, and legislation as well as the results of research
in the field, it is known that the liability of health professionals based on
Informed Consent Agreement Therapeutic Hospital in Bali province is on the
doctor who signed the operator of the informed consent form. However, if the
patient / family prosecute acts of negligence committed by health
professionals, the hospital will be responsible jointly and severally against
such negligence. From the result of
research in the hospital in the province of Bali, demands action against
medical negligence are usually resolved by kinship means or mediation
Penulis: Ida Ayu Sri Kusuma
Wardhani
Kode Jurnal: jphukumdd140235
