Presumed Consent for High-Risk Medical Actions in Emergency Situations: A Review of Law Number 17 Of 2023

Authors

  • Herlina UNPAB Postgraduate Health Law Masters Study Program

Keywords:

Presumed consent ; High risk actions; Emergency case

Abstract

Patients must provide informed consent before medical procedures are carried out in ordinary situations, but this does not apply in emergency situations and instead is Presumed consent . Doctors are often faced with situations that require high-risk medical procedures for emergency patients. Presumed consent concept This action is not recognized based on Law Number 17 of 2023 concerning Health. The aim of the research is to analyze the role of Presumed consent in the perspective of this law for high-risk medical procedures in emergency cases emergency. This research uses a normative juridical legal research type, namely library legal research, with a statutory approach and a conceptual approach. The analysis results show that Presumed consent regarding high- risk medical procedures in emergency situations is not yet clearly regulated in Law Number 17 of 2023. However, doctors can still rely on several other articles in this law, including Article 293 paragraph (10) which emphasizes the patient's best interests. , Article 275 paragraph (1) which requires doctors to provide assistance in emergency cases, and Article 273 paragraph (1) which provides legal protection to doctors who act according to standards. Apart from that, Article 275 paragraph (1) also exempts doctors from claims for compensation in emergency cases, providing legal security for doctors to act quickly to save the patient's life without any doubt.

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Published

2024-06-26

How to Cite

Herlina. (2024). Presumed Consent for High-Risk Medical Actions in Emergency Situations: A Review of Law Number 17 Of 2023. Proceedings : International Forum Research on Education, Social Sciences Technology and Humanities, 1(2), 316–323. Retrieved from https://journal.berpusi.co.id/index.php/POE/article/view/918