Karya Ilmiah

DISERTASI (0108) - Informed Consent Yang Berimplikasi Malpraktek Kedokteran

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The research analysis the phlosophy of informed consent that has
potentially medical malpractice in physicians-patient relationship. The research
emphasizes the principle of equalization between doctor and patient. In reality, it
is frequently no equality in physician-patient relationship, whereas patient has
right to deserve maximun health service in accordance with the objective of
national development – boosting the awarness, willingnes and ability to live
healthy for everyone. Health is one of public wealth and a human rights that
protected by State and stated in Preamble and Article 28 H verse (1) The 1945
Constitution.
The type of the research is normative research and using regulations,
conceptual, cases, and comparasion as the approaches. The result of the research
is filosofi of informed consent (lack of informed consent) that has potentially
medical malpractice in physicians or medical worker-patient relationship.
Principally, informed consent is a basic right given by God to every human being
and it is universal in scope. Therefore, any medical action conducted by physician
has to obtain patient‟s consent and guaranteed by Constitution.
Informed consent is regulated by the Regulation of Ministry of Health
Number 290/Menkes/PER/III/2008 on Informed Consent. Regulation of Ministry
of Health is published prior to the Law on Hospital. The regulation only details
the procedure of informed consent administratively. Some of the Attorney General
decisions does not state the principle of informent consent but only states the
neglience of physician and it refers to Indonesia Law Code Article 359 that states
the neglience as mistake or carelesness.
The result of research recommends the amandment of Law on Hospital,
especially on the addition of strict sanction. In any medical action, informed
consent should be conducted. By this amandment, informed consent will not refer
to Law Code Article 359 anymore but to Law on Hospital.

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Ketersediaan

030970560

0108

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0108

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM KEDOKTERAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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