THE NATURE AND PROCEDURE FOR PROVIDING INFORMED CONSENT TO EMERGENCY PATIENTS

Abstract

Health is one of the rights possessed by every Indonesian citizen as regulated in Article 28 H
section 1 1945 Constitution. People has the right to receive treatment and care. Health
professionals are needed to optimize health services in carrying out medical practices in
accordance with professional standards and operational procedure standards. The relationship
that arises between the doctor and the patient is called the Therapeutic Contract. In this
contract, the approval of the medical action given by the patient appears as a form of
approval of the medical action which begins with offers of medical action by the doctor. This
is called the Informed Consent. Firstly, the purpose of this study is to find and analyze the
merit of the Informed Consent in Therapeutic transactions in Indonesia. Relationships
between doctors and patients are originated from a relationship of trust (paternalistic). In its
development, it includes stages of the process in providing medical services, which is
commonly known as therapeutic transactions. Secondly, this study aims to search and review
procedures for providing Informed Consent to emergency patients in terms of the law of
obligations. The method used in this study was a normative juridical method by
systematically reviewing clear legal norms and rules. In emergency situations, in accordance
with the provisions of the Minister of Health Regulation Number 290 / MENKES / PER / III /
2008, an Informed Consent is given shortly after the patient is awake, after the doctor gives
medical treatment because the main thing is the patient’s safety.