Kajian Hukum Terhadap Kesepakatan Informed Choice dan Informed Consent dalam Persalinan Antara Bidan dengan Pasien (Study di Praktek Bidan R. Br Tarigan Medan)

Abstract

Informed Choice is information for patients to choose the options available to patients clearly about the purpose of medical action to be carried out, procedures for action to be performed, risks that may be faced, alternative medical measures, and medical costs to support the birth process, Informed Consent is an agreement / patient approval for medical efforts that will be carried out by the midwife on her, after getting information from the midwife. The problem in this study is how the legal arrangements for the issuance of Informed Choice and Informed Consent agreements, what are the contract procedures in the Informed Choice and Informed Consent agreement and what legal consequences occur in the Informed Choice and Informed Consent agreements. The method used in this study is normative juridical, namely the research method that examines the study of documents which uses various data such as legislation, legal theory, the opinions of scholars to support the quality of the results of research. The library research method is carried out by taking data from various books, reading sources related to the titles of discussions, journals, legislation and interviews. Analysis of the data used is through the library research method which is carried out by taking data from various evidence, journals, and other reading sources. Informed Choice and Informed Consent are regulated in the Regulation of the Minister of Health of the Republic of Indonesia Number 290 of 2008 concerning Approval of Medical Measures. The Informed Choice agreement procedure is to provide an explanation of medical actions, procedures for actions to be taken, risks, alternatives, and medical costs while the Informed Consent procedure is an agreement, a patient who is competent in law, an agreement is written / unwritten / without consent, the patient can approve or reject medical action. The choice of resolving medical cases can be through Litigation and Non Litigation, Non Litigation means through a process outside the court while the settlement of Litigation cases means through litigation both civil and criminal.