Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

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Legal Protection for Doctors Against Medical Actions in Emergency Situation for Reasons of Informed Consent

Authors
Anggraeni Endah Kusumaningrum1, *, Cindy Rachmadewi Ariyanto2
1Faculty of Law, Universitas 17 Agustus 1945 Semarang, Semarang, Indonesia
2Faculty of Medicine, Universitas Tarumanagara, Jakarta, Indonesia
*Corresponding author. Email: anggraeni@untagsmg.ac.id
Corresponding Author
Anggraeni Endah Kusumaningrum
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_19How to use a DOI?
Keywords
Please Legal Protection; Doctor; Medical Treatment; Informed Consent
Abstract

In an emergency, doctors must act quickly, precisely and with quality to help patiens in order to save their lives from death or disability. The study aims to analyze informed consent in an emergency and legal protection for doctors who perform medical procedures in emergencies and who do not provide medical information after the medial action has been carried out based the Agreement and Health Law. From the results of this study, it was found that the patient must sign the informed consent given before the medical action is carried out. However, after the medical action is carried out, the doctor is required to provide information regarding the action taken on the patient based on Article 4 PERMENKES Number 290/MENKES/PER/III/2008 concerning Approval of Medical Treatment and Article 17 KODEKI. In addition, doctors get legal protection related to medical action in emergencies based on Law Number 29 of 2004 concerning Medical Practice as long as the doctor carried out his dutied in accordance with applicable professional standard operating procedures. In this case, if the doctor performs a medical action in an emergency that is not accordance with applicable professional standard operating procedures, such as not providing information on actions taken after the patient is conscious or a patiens family arrives, the doctor is personaly responsible, but if the doctor works at hone if the hospital is based on the theory of central responsibility or centralized responsibility by the hospital, then the hospital is responsible.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
10.2991/978-2-38476-180-7_19
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_19How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Anggraeni Endah Kusumaningrum
AU  - Cindy Rachmadewi Ariyanto
PY  - 2023
DA  - 2023/12/31
TI  - Legal Protection for Doctors Against Medical Actions in Emergency Situation for Reasons of Informed Consent
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 160
EP  - 173
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_19
DO  - 10.2991/978-2-38476-180-7_19
ID  - Kusumaningrum2023
ER  -