TRANSPARENCY PRINCIPLES IN INFORMED CONSENT OF SURGICAL PROCEDURES TO REDUCE MEDICAL DISPUTE RISK

摘要

Objective: Informed consent is one element of ethics in medical field that is always interesting to explore. Currently, the development of informed consent is more emphasized on disclosure of information, in other words, in it can be equated with transparency. The thesis entitled TRANSPARENCY PRINCIPLES IN INFORMED CONSENT OF SURGICAL PROCEDURES TO REDUCE MEDICAL DISPUTE RISK" will address the importance of transparency principle in informed consent of surgical actions and the settlement of medical disputes due to the absence of transparency in informed consent. Surgical science has distinct and special characteristics compared to other medical fields, especially in the case of doctor-patient relation, where the transparency of the surgeon and the patient plays an important role to take a decision on surgery. Unfortunately, the existence of ethical gap causes transparent process of providing information cannot be realized properly, especially because of ineffective communication between surgeons and patients. This will be vulnerable to conflict between surgeons and patients who will lead to medical disputes. The purpose of this study was to analyze the importance of transparency in informed consent surgery and how to resolve medical disputes due to the absence of transparency in informed consent. Method: This study uses normative juridical method by studying norms or rules in positive law. Outcome: Implementing transparency in informed consent is expected to reduce the incidence of medical disputes, therefore, the need for standardization of transparency in informed consent is necessary. If a medical dispute occurs, the non-litigation settlement shall be settled by means of mediation before proceeding to the law so as to create a favorable condition for both parties. Because mediation in medical disputes has a specificity it is necessary to have a separate regulation to regulate it.