201. The Urgency of Informed Consent for the Protection of the Rights of Patients
- Author
-
Syafruddin and Ghansham Anand
- Subjects
Hospital ,Informed Consent ,The Rights of Patients ,Law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The right to health care for every citizen of Indonesia is a right guaranteed by the constitution, as set out in Article 28H Paragraph (1) of the 1945 Constitution which mandates the state to guarantee the rights of citizens to live in prosperity, among others, through the provision of better health care. The hospital is one of the institutions that provide health care facilities to every citizen through the efforts which allowed according to an adequate standard of health. One form of health care, is the provision of professional doctor and work according to the ethics of the medical profession. One form of professionalism of doctors within the framework of the protection of the rights of patients is the presence of informed consent as the rights of patients to obtain medical information from the hospital before getting certain medical actions that have an impact on the loss of life of patients. In connection with that, this article aims to explain philosophically dogmatic about the urgency of informed consent as a guarantee of protection of the rights of patients in hospitals. This paper, methodologically using normative analysis with a conceptual approach, so of course, legal materials that are used as a source of analysis, more concentrated on primary legal materials. In conclusion, the existence of informed consent plays an important role in terms of providing protection rights of patients to health services in hospitals, according mandate of the constitution, especially considering the fact malpractice of medicine that looks at some cases in hospitals in Indonesia, is the impact of neglect the application of informed consent that has not run as expected.
- Published
- 2015