审查了COVID-19大流行情况下病人的开放和身份的法律审查

Nurudh Dhuha
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引用次数: 0

摘要

2019冠状病毒病大流行仍在印度尼西亚持续。尽管已作出努力防止其传播,但Covid-19病例的累积仍在增加。处理的实施在社区中引起了几次争论,其中之一是关于患者数据的开放性。在疫情情况下,未经患者同意秘密透露药物(包括姓名、地址、诊断、家族史等),可能对患者构成风险。如果医疗秘密在公众中传播,患者可能会受到负面的污名化或歧视。医学秘密的传播还可能对参与传播的卫生工作者和一般公众产生法律影响。处理医学秘密需要仔细考虑医学的法律和伦理问题。问题是,在新冠肺炎疫情暴发的情况下,如何对医生的秘密披露进行法律审查?这种类型的研究使用规范的司法方法与法律途径。审查结果表明,卫生工作者有义务按照适用的法律和条例保守医疗秘密。违反这些义务可能受到道德制裁、纪律制裁和法律制裁。医疗秘密可以在某些条件下公开,即为了病人的健康、在执法框架内、应病人本人的要求和为了公共利益。除其他外,所涉及的公共利益是当存在特别事件/传染病爆发的威胁以及个人或社区对他人安全的威胁时。当然,只有获得授权的官员才能公开病人的秘密,并将其交给机构/当局。关键词:开放性,患者数据,covid - 19
本文章由计算机程序翻译,如有差异,请以英文原文为准。
TINJAUAN HUKUM KETERBUKAAN RAHASIA KEDOKTERAN DAN IDENTITAS PASIEN PADA SITUASI WABAH PANDEMI COVID-19
The Covid-19 pandemic is still ongoing in Indonesia. The accumulation of Covid-19 cases is still increasing even though efforts to prevent its spread have been made. The implementation of handling caused several polemics in the community, one of which was about the openness of patient data. The secret disclosure of medicine in the condition of the outbreak (including name, address, diagnosis, family history, and so on) without the patient's consent may pose a risk to the patient concerned. Patients can receive negative stigmatization or discrimination if the medical secrets are spread in the general public. The spread of medical secrets can also have legal implications for health workers as well as the general public involved in its spread. Handling medical secrets needs to be done carefully by considering the legal aspects and ethics of medicine. The problem taken is how is the legal review of the secret disclosure of doctors during the Covid-19 pandemic outbreak situation? This type of research uses normative juridical methods with a legal approach. The results of the review show that health workers have an obligation to maintain medical secrets as applicable laws and regulations. Violations of such obligations may be subject to ethical sanctions, disciplinary sanctions and legal sanctions. Medical secret can be opened under certain conditions, namely for the benefit of the patient's health, in the framework of law enforcement, at the request of the patient himself and in the public interest. The public interest in question, among others, is when there is a threat of Extraordinary Events / outbreaks of infectious diseases and threats to the safety of others individually or in the community. The opening of patient secrets can certainly only be done by authorized officers and given to agencies / authorities as well. Keywords: Openness, patient data, covid 19
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