Analisis Yuridis Kedudukan Informed Consent Kasus Malpraktik Dalam Ruang Lingkup Keperdataan (Studi Kasus Perkara Nomor 38/PDT.G/2016/PN.BNA)

Ardhani, Bella Annisa (2020) Analisis Yuridis Kedudukan Informed Consent Kasus Malpraktik Dalam Ruang Lingkup Keperdataan (Studi Kasus Perkara Nomor 38/PDT.G/2016/PN.BNA). Other thesis, Universitas Islam Riau.

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Abstract

Among the medical profession and the law governing medicine, there are regulations regarding the protection of patients as those who are given medical services based on information provided by doctors. Patient's consent in performing medical actions based on information obtained from a doctor is called informed consent. But in practice in the field, there are many problems and obstacles that arise such as: lack of clarity of information conveyed by the medical authorities so that patients do not fully understand, language that is difficult to understand, the involvement of families in giving approval of medical actions that have differences of opinion with patients, as well as negligence committed by doctors in carrying out medical agreements. In accordance with the background, the problem in this study is how the position of informed consent as evidence in the scope of civil and how the civil liability of doctors from the decision of the case 38 / Pdt.G / 2016 / PN.Bna. The research method uses normative law with library research method which is a method that uses library data to process research material by studying the Banda Aceh District Court Decision Files in Case Number: 38/Pdt.G/2016/ PN.Bna. The nature of this research is analytical descriptive, describing the legal theory that is the object of research. Based on the results, the position of informed consent as evidence of the scope of civil law can not be used as the only evidence to determine the error of the doctor, must look at other matters for consideration by the panel of judges because informed consent is not fully binding. Then the civil liability of the doctor in Case Decision Number 38/Pdt.G/2016 /PN.BNa which neglects its obligations or is called medical malpractice is by paying damages to patients who are harmed both material losses and also immaterial losses.

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