Informed Refusal as an Application for The Protection of Patients' Human Rights and Legal Protection for Doctors and Health Workers in Health Services From A Criminal Law Perspective
DOI:
https://doi.org/10.58344/jii.v4i6.6648Keywords:
health services, informed consent, informed refusal, patient rights, certaintyAbstract
Health services are a basic right of every citizen guaranteed by law. In practice, patients not only have the right to consent to informed consent, but also the right to refuse the medical procedure through informed refusal, after receiving adequate information. Informed refusal is a form of respect for the patient's autonomy and has the same legal status as informed consent. However, the understanding and regulation related to informed refusal in Indonesia is still limited. This paper highlights the importance of legal recognition of informed refusal as part of human rights and the need for special regulations to realize legal certainty in the relationship between patients and health workers.
References
Bae H. Patient's Right of Self-determination and Informed Refusal: Case Comments. The Korean Society of Law and Medicine. 2017; 18(2):105-38.
Benjamin R. Informed refusal: Toward a justice-based bioethics. Science, Technology, and Human Values. 2016 Nov; 41(6):967-90.
Butar-Butar D, Yusuf H. Legal Sanctions for the Crime of Doctor Malpractice According to Law Number 17 of 2023 concerning Health. Journal of Research and Service Locus. 2024 Apr 20; 3(4):318-29.
Daeng Y, Ningsih N, Khairul F, Winarsih S, Zulaida Z. Criminal Liability of Hospitals and Medical Personnel for Malpractice Based on Law Number 17 of 2023 concerning Health. Innovative: Journal Of Social Science Research. 2023 Dec 3; 3(6):3453-61.
Jenie I, Lestari AY. Philosophical Basis of Informed Consent, Informed Refusal and Documentation of Medical Information into Medical Record. Journal of Legal Media. 2019 June 29:60-70.
Karlovsky ME. Informed Refusal: The Uncomfortable Other Side of Informed Consent. AUANews. 2017 Jan 1; 22(1).
Kesuma SI. Review of Law No. 17 of 2023 concerning Health. Nusantara Journal of Filial Piety. 2024 Jan 5; 2(1):253-61.
Lewin MR. Informed Refusal in the Emergency Department: Is It Really Informed?. AMA Journal of Ethics. 2008 Aug 1; 10(8):487-91.
Moskop JC. Informed consent and refusal of treatment: challenges for emergency physicians. Emergency Medicine Clinics. 2006 Aug 1; 24(3):605-18.
Pirotte BD, Benson S. Refusal of care. InStatPearls [Internet] 2023 Jul 24. StatPearls Publishing.
Ridley DT. Informed consent, informed refusal, informed choice-What is it that makes a patient's medical treatment decisions informed. Med. & L.. 2001;20:205.
West JW. Informed Refusal. CSA Bulletin.:89.
Widjaja G. Health Services for Patients According to Law No. 17 of 2023 concerning Health. Innovative: Journal Of Social Science Research. 2023 Nov 29; 3(6):2490-8.
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