根据2004年第29号《医疗惯例法》和1984年第4号《预防传染病法》审查的带有强迫COVID-19患者出院因素的知情拒绝的有效性

Agus Purwanto
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引用次数: 0

摘要

健康是人类生活的一个重要方面。2019冠状病毒病对印度尼西亚人口产生了重大影响,特别是对他们的健康产生了重大影响。在此期间,医疗保健专业由于直接参与医疗保健而受到严格审查。在Covid-19大流行的管理中,出现了挑战,特别是大量患者或其家属要求在康复前强制出院。研究问题和目标围绕医院应Covid-19患者要求强制出院的知情拒绝的有效性以及对患者和医生的法律后果展开。所采用的研究方法是经验法学,主要数据是通过在西雅加达一家私立医院的问卷调查收集的,并辅以各种来源的参考资料,包括书籍、期刊和法律法规。数据分析采用定性规范方法进行。研究结果表明,尽管存在《卫生法》和《传染病防治法》等法规,但确诊Covid-19后被迫出院的病例仍然存在。总之,知情拒绝不构成协议,而是患者对医院和/或医生的单方面陈述。因此,完全责任在于患者,因为目前没有任何监管规定或禁令允许患者自愿离开医院,即使医院或医生尚未评估患者的病情是否完全康复。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Validity of Informed Refusal With Elements of Forced Discharge of COVID-19 Patients From Hospitals, as Reviewed in Accordance With Law No. 29 of 2004 on Medical Practices, in Conjunction With Law No. 4 of 1984 on the Prevention of Infectious Diseases
Health is a vital aspect of human life. Covid-19 has had a significant impact on the Indonesian population, particularly on their health. During this period, the healthcare profession has come under intense scrutiny due to its direct involvement in healthcare. In the management of the Covid-19 pandemic, challenges have arisen, notably the high number of patients or their families requesting forced discharge before recovery. The research problem and objectives revolve around the validity of informed refusal with elements of forced discharge at the request of Covid-19 patients from hospitals and the legal consequences for both patients and doctors. The research methodology employed is empirical juridical, with primary data collected through questionnaires at a private hospital in West Jakarta, complemented by references from various sources, including books, journals, and legal regulations. Data analysis was conducted using a qualitative normative approach. The research findings indicate that cases of forced discharge following a Covid-19 diagnosis persist despite the existence of regulations such as the Health Law and the Law on the Prevention of Infectious Diseases. In conclusion, informed refusal does not constitute an agreement but rather a unilateral statement by the patient to the hospital and/or doctor. Consequently, full responsibility lies with the patient, as there are currently no regulatory provisions or prohibitions allowing patients to voluntarily leave the hospital, even if the patient's condition has not been assessed as fully recovered by the hospital or doctor.
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