Presumed Consent To High-Risk Medical Actions In Emergencies: Perspective Of Law Number 17 Of 2023

Presumed Consent To High-Risk Medical Actions In Emergencies: Perspective Of Law Number 17 Of 2023
Irsyam Risdawati
Law Synergy Conference (LSC), 2024
Abstract
Patients must provide informed consent before medical procedures are carried out in ordinary situations, but this does not apply in emergency situations and presumed consent is used instead. Doctors are often faced with situations that require high-risk medical procedures for emergency patients. The concept of presumed consent for this action is not recognized under 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 results of the analysis show that presumed consent for high-risk medical procedures in emergency situations is not 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 best interests of patients, 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.

Editor’s note: Law 17 of 2023 is part of the Indonesian Health Transformation Plan.