The Medical Legal Protection in the Context of Doctor-Patient Relationship in An Emergency Condition

International Journal of Research and Innovation in Social Science (IJRISS) | Volume III, Issue I, January 2019 | ISSN 2454–6186

The Medical Legal Protection in the Context of Doctor-Patient Relationship in An Emergency Condition

Nur Arifani Septi Dewi, Adi Sulistyono, Hari Purwadi

Faculty of Law, Universitas Sebelas Maret, Jl. Ir. Sutami No. 36A Jebres, Surakarta, Indonesia

Abstract:- This article aims to find out the doctor’s responsibilities and the protection of the doctor professional law in the relationship of doctors to patients in emergency conditions. The method used in this study is normative research. The data in this study were obtained from legal materials, which included primary legal material and secondary legal material. Based on the results of the study it can be concluded that the doctor is responsible for providing health services in the form of the best medical action to patients in the relationship between doctors and patients in emergency conditions without waiting for patient approval as long as it is in accordance with professional standards and standard operating procedures. Professional medical legal protection can be done by hospitals or the Indonesian Medical Disciplinary Board.

Key words : doctor, legal protection, emergency condition

I. BACKGROUND

The effort to improve the quality of human life related to health issues is a broad and comprehensive attempt. It includes the improvement of public health both physically and non-physically. In the national health system, it is mentioned that health concerns all aspect of human life which covers a very broad and complex scope.1

Health is one of the aspects that affect human life the most. Health is a human right, serves as an indicator of welfare which must be realized as it goes along with Indonesian ideals intended in Pancasila and the 1945 National Constitution of the Republic of Indonesia.2

The national constitution (The 1945 National Constitution) has clearly regulated the right to health for all Indonesian. It is stated in the article 28H paragraph 1, which reads, everyone has the right to live in physical and spiritual prosperity, to live, and to get a good and healthy environment and the right to obtain health services.

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