Abstract
<em>This study examines Indonesian statuary regulation that requires doctors or hospitals to explain the medical malpractices or risks to surgery patients during the informed consent process. The study was triggered by the frequent medical disputes caused by the patient's misinformation regarding possible medical malpractices or risks related to surgery. In this case, patients need transparent and relevant information during the informed consent process. Therefore, this study examines the statuary regulation that requires doctors or hospitals to explain the medical malpractices or risks to surgery patients during the informed consent process. It used secondary data collected from literature studies of relevant materials and analyzed using normative and qualitative methods. The results indicated that no statutory regulation requires doctors to explain the medical malpractices and risks associated with surgery during the informed consent. This means that the required transparency principle is often not implemented. Therefore, these laws are urgently needed because the public is misinformed about medical malpractices and risks</em>
Highlights
There is a deep interrelation between patient safety and risk management
This study examines Indonesian statuary regulation that requires doctors or hospitals to explain the medical malpractices or risks to surgery patients during the informed consent process
The study was triggered by the frequent medical disputes caused by the patient’s misinformation regarding possible medical malpractices or risks related to surgery
Summary
There is a deep interrelation between patient safety and risk management (di Luca et al, 2019). Conflict and misunderstanding emerge when the communication between surgeons and their patients is not transparent In this case, the doctors using the surgical process to treat patients are known as surgeons, including their subspecialties. Case in point: During the informed consent process, a person operable for appendicitis explained that the surgery only takes an hour at most for a wound, not more than 10 centimeters In this case, the surgery had complications that required a larger operation involving a longer skin incision. Patients were considered objects because doctors were perceived to know what was best for patients This has changed into an increasingly equal and balanced relationship in which doctors and patients have rights and obligations to be fulfilled. Secondary legal materials comprised information not formalized as law, such as books, research papers, and articles related to informed consent
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