Ads 468x60px

Minggu, 01 Januari 2012

Medical and dental malpractice

Speaking of "malpractice" is not just for people working in the health sector, including a doctor, but can also alleges negligence on the professionalism, that is, if they were journalists, lawyers, engineers and other groups. Understanding these errors come from people who work as health professionals, including doctors. Moderate limitations of embezzlement in the general feeling among health care workers are health care workers through a person of their professional responsibility to patients and carried out outside the profession in general stardard (SOP), leading to disability and death. However, the criteria or standard measures of the effect of an appeal that is believed especially for health professionals (doctors) do not explicitly formulated in the law, including Article 53, paragraph (2) of the Act No. 23 of 1992 , stated that professional standards are "guidelines to be used as a guide for making a good confession," As regards the scope of the quality of our profession, the legal adoption of a health expert, Professor Van der My Mr.WB, who said a health professional must meet three (3) general measures, namely: 1. 2 The Authority. average capacity, and 3. The total accuracy here means a number of health care workers must have legal authority to do the job (entitlement to rights), a license for doctors and other health professionals, a legal entity and a license to other providers such as hospitals or clinics. Health professionals have come up with an average capacity based on the experience of working in an environment to support their work, and medical personnel should have an accuracy of precision work of all sizes. But how difficult the development of a scale (measurement scale) of the health human resource professional standards, the law people who work in the health sector requires needed. to meet the professional standards and to respect patients' rights (see Article 53, paragraph 2 of Law No 23 of 1992 on health) and everyone is entitled to compensation of errors. or negligence of health professionals (Vide: Article 55, paragraph 1 of Law No 23 of 1992) ..

And health care workers who make mistakes or negligence in the exercise of their profession may be subject to disciplinary action determined by the Disciplinary Board of Health (Blank: Article 54, paragraphs 1 and 2 of Law No. 23 year 1992 on the health of Jo .. PP No. 32 of 1996 on health) .. Disciplinary committee of the health of workers (MDTK) eligible and who is authorized to investigate and determine the presence or absence of mistake or negligence in the implementation of the standards of the profession conducted by the health of the name of the patient. (See Article 5 of Presidential Decree 56 of 1995 MDTK RI). Criminal penalties, fines and administrative enforcement of Law No 29 of 2004 on the other the practice of medicine.

In short, a social worker is a doctor, nurse, pharmacy, dietary staff, and staff not only be charged and prosecuted for negligence, but medical personnel could also be prosecuted on the basis of the violation of patient rights in the presence of a therapeutic contract between healthcare patients: 1. The right to information about the disease, 2. The right to consent to an unconscious patient infotmed, 3. The right to be kept secret about the disease 4. The right to good ikhtikad physicians, and 5. The correct appropriate medical care, as well as possible. Patients' rights are the key here is the right to obtain relevant information from patients who normally contains about diagnosis, therapy with the possibility of an alternative therapy, the way doctors and experience in risk the possibility of pain or other feeling due to medical, therapeutic and prognostic. Health workers can be prosecuted under Article 1365 of the Civil Code of Jo. Article 55 of Law No. 23 of 1992 and may be sentenced under Article 359, 360 and 361 of the Penal Code, Article 80, 81, 82 of Law No. 23 of 1992 and Act No. 29 of 2004 on the practice of medicine. In addition to the rights of patients, we also need to note here what about the rights of health personnel especially doctors. With regard to the rights of doctors can be stated as follows: The right to work according to the rules of the medical profession, the law has refused to medical procedures that are not being responsible in a professional, the right to refuse to perform it is not good according to his conscience, the right to change the relationship with the patient who is considering working with patients to end is more, the right to privacy of a doctor, the right ikhtikat two patients in respect of the contract, the right to compensation, the right to defend the right to select patients, but this right is not absolute in nature.

So here, we can conclude that neglect is closely related to the violation of the medical profession, the medical act of infringement, and violations are prosecuted, prosecuted criminal and administrative sanctions will have a number of practices revocation of the permit.