Year: 2024 | Month: May | Volume: 11 | Issue: 5 | Pages: 286-294
DOI: https://doi.org/10.52403/ijrr.20240533
The Position of Informed Consent Between Midwives and Patients in Childbirth According to Law Number 17 of 2023 Concerning Health
Maharani Anugrah1, Abdul Rahman Maulana Siregar2
1,2Master's Program in Health Law, Universitas Pembangunan Panca Budi, Medan, North Sumatera, Indonesia
Corresponding Author: Maharani Anugrah
ABSTRACT
Medical procedures carried out by midwives often entail uncertainties and un-predictabilities, such as postpartum hemorrhage, shock, or neonatal asphyxia. Patient consent for each medical procedure is an absolute necessity, except in emergency situations. This study aims to analyze the legal relationship between midwives and patients during childbirth and examine the role of informed consent for medical procedures between them in accordance with Law No. 17 of 2023 concerning Health. The research adopts a normative juridical approach, which involves examining legal norms present in legislation, court rulings, and societal legal standards. The data collection method utilized is library research, which involves seeking theoretical foundations and research inquiries. The data includes primary legal materials obtained from Law No. 17 of 2023 concerning Health and other relevant legislation, secondary legal materials sourced from books, documents, legal scholarly works, and the internet, as well as tertiary legal materials providing clarifications regarding primary and secondary legal sources. Justice is the fundamental principle requiring equitable and unbiased information dissemination to all patients. Midwives are expected to refrain from discrimination and provide suitable explanations to every individual. In the realm of justice, healthcare providers hold the responsibility to ensure fair treatment for every patient, irrespective of their social, economic, or cultural backgrounds. Every individual possesses the right to receive clear and comprehensive explanations regarding the forthcoming medical procedures.
Keywords: Informed Consent, Midwife, Patient, Childbirth
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