Informed Consent on Therapeutic Transaction As a Protection of Legal Relationship Between a Doctor and Patient

Abstract

Consent of the patient or the patient's family is needed before a medical treatment performed by a doctor. Beforehand, the patient or the patient's family calls for a piece of information from the doctor or so-called informed consent related to the medical measures. The therapeutic transactions conducted by the doctors may occur after the informed consent is received by the patient. It becomes a part of the Civil law because the therapeutic transaction is based on an agreement that gives rise to the rights and obligations of the doctor and patient as outlined in Article 1330 Indonesia Civil Code (KUHPerdata). Keywords: doctor, patient, medical action. IntisariPersetujuan pasien atau keluarga pasien sangat dibutuhkan dokter sebelum dilakukannya tindakan medis oleh dokter, namun sebelumnya pasien atau keluarga pasien membutuhkan informasi dari dokter atau disebut informed consent terkait tindakan medis tersebut. Transaksi terapeutik yang dilakukan dokter bisa terjadi setelah informed consent diterima oleh pasien. Hal ini menjadi bagian dalam hukum Perdata karena terjadinya transaksi terapeutik berdasarkan dari perjanjian yang akhirnya menimbulkan hak dan kewajiban pada dokter dan pasien sebagaimana diatur dalam Pasal 1330 KUHPerdata.

A case study of informed consent in Indonesian Law Number 29, 2004

“…A description of the gold standard for informed consent can be found in paragraph 2 in Article 45 of Law Number 29,2004, which discusses the issue of seeking approval for medical or dental interventions. Paragraph 1 of Article 45 states that every medical or dental action to be carried out by a doctor or dentist on a patient requires their approval.…”

“…A number of additional requirements were also identified in the published literature, namely: the category of risk that comes with the given medical action (high, medium, and low); the time, place, and date of the signing of the informed consent agreement; the number of witnesses who were present and participated in signing the informed consent form; a column with the full names of doctors, patients, and witnesses who were present at the time of signing. [9][10][11] Based on the data in Table 1, it is clear that the informed consent procedure at Hospital A comes closest to the gold standard of informed consent outlined in Law Number 29,2004. The informed consent procedures at Hospitals B and C are less clear and do not follow these guidelines as closely as Hospital A.…”

“…The following inclusion and exclusion criteria were used. The articles had to include a discussion of doctors and their patients, the therapeutic relationship they share, the contractual relationship they share, informed consent from the point of view of Indonesian law, and specific reference to paragraph 2 in Article 45 of Law Number 29,2004. Articles were excluded if they had an abstract only or belonged to obscure, protected, or unassessed journals or papers.…”

“…4,5 To avoid disputes around healthcare, doctors must be responsible, as outlined in Law No. 29,2004. Accountability must be based on the principle of social justice for patients whose rights are violated and doctors who must be held responsible for the patient's condition.…”

“…This article will look at three government and academic hospitals in Surabaya, as informed consent has to be practiced in all medical settings. Purpose: This study aims to review the role of informed consent according to Law Number 29, 2004. Review: This study aims to discuss the characteristics of informed consent under Law Number 29, 2004, because there are too few articles addressing this issue. It also explains the roles of the patient and the doctor/dentist in informed consent according to this piece of legislation.…”