Protection For Doctors Research Articles

Law Enforcement in Medical Malpractice Cases in The Protection of Doctors’ Rights: Case Study Tonsil Surgery Causing Brainstem Death in a Child Patient

This study aims to determine the regulations related to the protection of the professional rights of a doctor who is often suspected of committing medical malpractice in carrying out health services. In this study, the author analyzes the rules of malpractice based on positive law in Indonesia, then the author analyzes the liability carried out by the doctor’s profession in suspected malpractice in this study the author takes a case study related to tonsil surgery which caused BA’s child patient to experience brain death at the Kartika Husada, Bekasi Hospital. The method used by the author in this research uses normative or dogmatic research methods, which use documents laws, and regulations related to the issues studied and secondary data sources in the form of books and related journals. The results of the research in this case study conclude that there is no single rule that protects the rights of a doctor who is accused of committing malpractice, neglecting these rules only protects the interests of the patient, then the responsibility for the accusation of malpractice must go through the process of proof first, by the provisions of the elements of malpractice both in terms of criminal and civil law, and based on the case study that has been researched by the author, it is concluded that the efforts in dispute resolution made by the family of BA’s child patient who has died, are appropriate with the family by withdrawing the police report and carrying out peaceful efforts in the form of mediation with the hospital.

Clinical Experience of an American Academic Ophthalmology Department During the COVID-19 Pandemic.

Background and Objectives:To describe the experience of a large American academic ophthalmology department from the start of the COVID-19 pandemic to the early recovery phase in Summer 2020.Methods:Retrospective review; description of approaches taken by our academic medical center and department regarding supply chain issues, protection of doctors and staff, elimination of nonurgent care, calls for staff and faculty deployment, and reopening. Comparison of surgical and clinic volumes in suburban locations versus the main campus; analysis of volumes compared with pre-pandemic periods.Results:At our medical center, screening and precautions (such as the mask policy) continued to evolve from March through August 2020. Ophthalmologists were not allowed to use N95 respirators except in rare circumstances. Surgical and clinic volume dropped at both urban and suburban locations, but surgery rebounded more quickly at suburban surgery centers once elective procedures resumed. Mandates from administration were not always attainable.Conclusions:During respiratory pandemics such as COVID-19, medical centers should adopt protective measures that are consistent across inpatient and outpatient sectors and consistent with other institutions. Our department's large presence outside the urban center where the main hospital is located allowed faster return of clinical care overall. In the event of another pandemic, a central budget rather than individual divisional budgets should be used for purchase of protective equipment for health care workers of an academic center. Because outpatient care provides important continuity of care and keeps patients away from emergency departments and hospitals, perhaps outpatient care does not have to be curtailed to the extent it was in Spring-Summer 2020, provided that outpatient health care workers have sufficient staff and equipment and the above measures are in place.

Doctor's Legal Protection in Health Services for Covid-19 Patients

Doctors as medical workers are at the forefront of health services for Covid-19 patients. During the pandemic, doctor is the profession that has the highest risk in handling Covid-19 patients. In this case, it is appropriate if doctors get legal protection in carrying out their profession. So, what is the actual form of legal protection that doctors have received so far in handling Covid-19 patients? Have the existing regulations accommodated this protection?. The method of research which used in this research was normatif by examining the law which is conceptualized as a norm or rule that applied in society, and becomes a reference for everyone's behavior. The results of the study indicated that there were preventive and repressive measures which were as means of legal protection for doctors during Pandemic. Preventive efforts can be interpreted as steps or ways that can be taken to prevent an event that has legal consequences in the form of fulfilling obligations as a doctor, namely by carrying out the profession in accordance with professional standard, professional service standard, and standard operating procedures, completing administration in medical practice such as informed consent. and medical records, getting vaccines, providing incentives. While repressive efforts are defined as steps or method which taken if an event that results in law has occurred in the form of providing compensation to doctors who died, giving awards for services, bearing medical expenses for exposed doctors, and prosecution for criminal acts towards people who do not orderly implement health protocols. The legal protection of medical workers in handling Covid-19 is evident in the fact that these medical workers have received legal protection in the form of supervision and guidance carried out by the Central Government, Regional Government or their Work Agencies. It shows that existing regulations have accommodated legal protection for doctors during the Covid-19 pandemic.

Клинические рекомендации МЗ РФ: готовы ли врачи их выполнять? Результаты интернет-опроса врачей

Introduction. Clinical guidelines are a collection of documents developed by professional communities and containing structured clinical information on etiology, pathogenesis, symptoms, methods of diagnosis, treatment and rehabilitation of patients. Medical spe- cialists of the Russian Federation are informed about the need to comply with the recommendations from January 1, 2022, and have completely different reactions to this fact. The purpose of the article is to analyze the results of an Internet survey of Russian doctors in their attitude to the necessity and possibility of following clinical guidelines. Materials and methods. In total, 2487 Russian doctors took part in the survey, which lasted from July 21, 21 to October 30, 21, who, after identification on the resources listed above, were asked questions with multiple answers: 1. Region of the doctor's work, 2. Medical specialty, 3. Do you think Russian doctors need clinical guidelines? 4. Should clinical guidelines be publicly available? 5. To what extent are you ready to apply the clinical guidelines? 6. Do you consider it permissible to include phytopreparations, dietary supplements in the national clinical guidelines? 7. Do you consider it permissible to mention the trade names of drugs in the clinical guidelines? 8. How often should clinical guidelines be updated? Results. The attitude of Russian doctors to clinical guidelines is heterogeneous - out of 2,487 respondents, 52.96% are ready to apply clinical guidelines in some typical cases, 33.78% are absolutely ready to follow clinical guidelines, 10.74% consider it rather unnecessary, and 3.18% categorically against clinical guidelines. 1237 (49.74%) survey participants believe that clinical guidelines must be in the public domain exclusively for doctors and / or medical professionals. 1250 (50.26%) specialists opposed open access, in particular, due to the inadmissibility of familiarization with the clinical guidelines of patients. Most of the survey participants of 1916 people (77.04%) consider it permissible to include phytopreparations and dietary supplements in clinical guidelines in the form of separate chapters, with a mention and references to clinical studies. Conclusions. The main barriers hindering the implementation of clinical guidelines into clinical practice are the level of equipment of medical facilities, lack of time due to staff shortages, availability of clinical guidelines, lack of awareness and disagreement of doctors with the content of clinical guidelines, and their low motivation. Clinical guidelines should be the "starting point" in decision-making, but unconditional implementation of clinical guidelines cannot be required in the current health care system and the lack of legal protection of doctors. The format for the application of clinical guidelines in the work of doctors requires legal elaboration, strict compliance with the International Classification of Diseases (ICD).

Guidelines for refractive surgery with excimer and femtosecond lasers and for treatment with cross-linking during the COVID-19 pandemic in Mexico

The severe pandemic caused by the respiratory coronavirus SARS-CoV-2 (COVID-19) is currently a major problem in all elective surgery clinics, including those that perform refractive surgery, which has been rescheduling most of their procedures for a long time due to high morbidity and mortality. Currently, due to changes in the knowledge of the disease, as well as protective measures with barriers, many refractive surgery clinics have restarted their procedures without yet having a consensus about protection for doctors and patients. This work aims to adapt the international information of the existing guidelines, as well as to provide recommendations that can be applied and be useful for the practice of these procedures in Mexico.

Juridical Review of Medical Notes Therapeutic Transactions on Medical Malpractice

A medical certificate is an official letter that contains an explanation of a person's condition or something that the doctor made with his competence and part of the doctor's comprehensive task on therapeutic transactions. Alliances occurring include verbintenis inspanning . Problems in Indonesia for cases of ethical or juridical malpractice are not recorded in detail and official. The purpose of this study is to investigate the actions of doctors issuing medical certificate that results in harm with the element of intentionality. And it is against the law of the malpractice category. The approach used in this research is normative juridical method using analytical descriptive type specifications. Cases are taken randomly from public legal materials. Cases are analized logically, normatively and qualitatively. The results showed that Law No. 29 of 2004 on Medical Practice, and Regulation of the Minister of Health No. 2052 of 2011 on Medical Practice, Code of Medical Ethics year 2012, as well as Law No. 8 of 1999 on Consumer Protection have not regulated specifically about medical certificate including medical malpractice. A legal product is needed that provides legal protection for doctors and patients so that it can distinguish the medical certificate as a criminal act or a violation of ethics. Keywords: Medical Note, Legal Protection, Malpractice. DOI: 10.7176/JLPG/107-07 Publication date: March 31 st 2021

Legal Protection for Doctors in Use of Health Information Technology

The doctor's responsibility due to an error act in consultation through information technology can be seen from booth civil law and unlawful acts. The responsibility is to obtain compensation for the loss of the patient in the event of medical error or malpractice. This study proposed to find out Doctor's Responsibilities due to Health Consultation through Information Technology. The data source comes from primary legal materials with the binding position. The data collected through inventory procedures and identification of laws and regulations, as well as classification and systematization of legal materials based on the research problem. The data collection technique used in this research is a literature study. The results showed that the implementation of medical practice which is the core of various activities in the implementation of health efforts must be carried out by any doctors who have high ethical and moral, expertise and authority which must be continuously improved through continuous education and training, certification, registration, licensing, and fostering supervision, and monitoring so that the implementation of medical practice is by the development of science and technology. With the fulfillment of the element of default, the patient can hold the doctor responsible. The patient can file a lawsuit against the doctor at the District Court, where the dispute occurs because the doctor's actions are contrary to the principles of propriety, the meticulousness, and caution expected of him. Keywords : Primary, Law, Health Consultation, Technology, Information Technology, Juridical DOI: 10.7176/JLPG/94-22 Publication date: February 29 th 2020

Legal Protection for Doctors in Use of Health Information Technology

Legal Protection for Doctors in Use of Health Information Technology

Codification and the Origins of Physician-Patient Privilege

Abstract:This essay examines the origins of physician-patient privilege in the United States. It concentrates an 1828 New York law that protected medical confidentiality in the courtroom—the first statutory guarantee of physician-patient privilege—as well as the rapid spread of privilege statutes throughout the nineteenth century. Using the published notes of the authors of New York’s influential statute alongside other primary sources, I argue that these early statutes are best explained as the result of nineteenth-century efforts to codify American law. The medical profession took little note of physician-patient privilege until much later, indicating that privilege emerged not as a protection of doctors’ professional status, nor as a means of protecting patients in the courtroom, but rather as an inadvertent offshoot of attempts to streamline and simply judicial proceedings. It is perhaps because of these unsystematic origins that physician-patient privilege still remains such an unevenly applied rule in American courtrooms.

Legal Protection for Doctor who Performs Medical Treatments that Lead Patient to Death

This research was carried out due to frequent accusations that doctors performed malpractice. Accusations of errors in medical treatment are often found in the field. The objectives of this research are to: 1) examine and analyze forms of legal protection for doctors/ dentists in providing medical services who carry out independent practices as well as those working in hospitals, 2) review and analyze legal liabilities of doctors/ dentists in carrying out medical profession that leads patients to death. This research applies statute and conceptual approaches that is equipped with a case approach. The analysis results of the research indicated that the State provides legal protection for a doctor/ dentist through Article 27 paragraph (1) of Law No. 36 of 2009 concerning Health, Article 50 point (a) Law No. 29 of 2004 concerning Medical Practice, Article 24 paragraph (1) Government Regulation No.32 of 1996 concerning Health Workers, and Article 57 points (a) Law No. 36 of 2014 concerning Health Workers. Moreover, besides the above positive laws, legal protection for doctors/ dentists who work in hospitals also applies Article 46 of Law No. 44 2009 about hospitals and respondeat superior doctrine.

Doctors and the law

India today is booming in medical tourism. Health-care needs and the related workforce are growing rapidly. During this growth, there are a lot of challenges that the health-care workforce is facing – the most prominent among them is violence on doctors. This article focuses on the protection of doctors – at the individual, community, and at the legal level. The methodology is based on qualitative content analysis of articles related to doctors' violence across print and online data available from medical/public health journals, newspapers, and online posts. This review article informs and highlights the measures, best practices, and laws that doctors can look at for protecting themselves when faced with violence at work. The article necessitates the critical aspect of self-protection and also shares some recommendations to enhance the protection of doctors at their workplace.

Legal Protection For Doctors In Doing Medical Activities Related To The Distribution Of False Vaccine In Semarang District

The case of the false vaccine circulation that occurred in Indonesia in mid-2016 had horrendous World Health and raising fears in society. This case raises the impact on doctors who provide vaccine or immunization to the patient. Due to the false vaccine case resulted in lowered public confidence towards the world of health, especially do immunization in toddlers. Concerns also arise on a doctor who gave the vaccine, because his own doctors did not know whether the vaccine will be given to the patient's original or false. It is interesting to be researched by the author to know about circulation and surveillance of vaccine in the area of Semarang. The research method used in this thesis is sociological juridical. Data collection was done with primary and secondary data that were gathered by interviews with some resources, such as Head of BPOM Central Java, Chairman IDI Semarang District, Head of District Health Office of Semarang, Pharmaceutical procurement department in Semarang District Hospital, doctor of RSUD Kabupaten Semarang who do the vaccine directly to patients, as well as library studies and related documents. This research is done explanatively. The result of the research, it can be concluded that the regulation concerning the circulation of drugs or vaccine in Indonesia is adequate. The process of circulation and procurement of vaccines in the district of Semarang on RSUD Ambarawa and RSUD Ungaran have been conducted in accordance with the procedures, including also in the implementation of the procurement of the vaccine so well controlled. Responsibility for the false vaccine relief in Indonesia is the responsibility of BPOM and the Health Department. The circulation of drugs or vaccines may not be able to circulate in the community in a strict supervision and control and periodically by BPOM and the health service is running properly

PERLINDUNGAN HUKUM PROFESI DOKTER DALAM PENYELESAIAN SENGKETA MEDIS

This study aims to explore the analysis of the application of legal protection and its weaknesses in the settlement of medical disputes between physicians and patients today. Descriptively analytical and empirical juridical approaches, and using constructivism paradigm,it is hoped that the authors can describe various primary and secondary data to reconstruct the legal protection of the physician profession in the settlement of medical dispute between physicians and patients based on the value of justice. In the resolution of medical disputes between physicians and patients as set forth in Article 50 of Law No. 29 of 2004 on Medical Practice and Article 57 Law No. 36 Years of Health Personnel has not fully provided protection for doctors, because in practice the handling of alleged malpractice cases by the police investigator will certainly use the procedures or procedures in the KUHAP as a reference, this is because the Law does not regulate how to be in the event of suspicion that doctorsviolate articles In UUPK. The Government and House of Representatives are expected to make improvements to Law No. 29 of 2004 on Medical Practice, by making regulations on “procedural arrangements” ranging from inquiry, investigation, prosecution if necessary to verdict.

IMPACT OF WORKPLACE BULLYING ON JOB SATISFACTION AMONG DOCTORS: MODERATING ROLE OF COPING STRATEGIES

This study was conducted to investigate coping strategies as a moderator in relationship between workplace bullying and job satisfaction among doctors. Data was collected from 150 male and female doctors working in different private and public hospitals sector of Lahore through purposive sampling. NAQ-R (Einarsen et al.,2009), Overall job satisfaction scale (Cook et al., 1981) and Brief COPE (Carver 1997) were used to measure the bullying and job satisfaction. Linear regression analysis revealed that workplace bullying was a strong predictor of the lower level of job satisfaction. Moderation analysis revealed that no individual coping strategy moderate in relationship between bullying and job satisfaction. Results of Independent sample t-test indicated that female doctors working in public hospitals face more bullying. The results of the present research have implications to give insight to provide the sufficient psychological protection for doctors to produce good work performance.

PERLINDUNGAN HUKUM BAGI DOKTER PADA PELAYANAN KEGAWATDARURATAN DI RUMAH SAKIT UMUM DAERAH ABDUL WAHAB SJAHRANIE SAMARINDA

The Research purpose to analyze the implementation of law protection for doctors in the emergency service unit at the Abdul Wahab Sjahranie Samarinda and to analyze the solutions applied by the emergency unit to resolve the issues regarding to the law protection. Research methodology uses the ‘yuridis normatif’ approach where the research type to find law ‘in concreto’. The research is conducted at the Abdul Wahab Sjahranie Hospital in Samarinda. Based on the research results, the implementation of law protection for doctros in the emergency unit at the Abdul Wahab Sjahranie Samarinda has been applied according to the Law and Regulation in Indonesia therefore the doctors have practiced the medical actions following the standard operational procedures (SOP). In this case, they are not able to be prosecuted in the event of mistreatment and to resolve the medical dispute, the hospital employs the mediation process called Alternative Dispute Resolution (ADR) according to Articles No. 36 Year 2009 about health chapter 29 that states in the event of negligence by doctors in conducting medical actions, is able to be settled by mediation. Key words : Alternative Dispute Resolution, emergency.

The use of chaperones in general practice: Is this just a 'Western' concept?

The literature about medical chaperones in primary care is limited to a handful of English-speaking countries. It remains largely unknown to what extent chaperones are offered (and used) outside the published literature. The current study aimed to explore the attitudes and experiences of a group of general practitioners (GPs; family doctors) attending an international primary care conference regarding their use of medical chaperones. Ninety international GPs completed a validated questionnaire, providing information on their current practice, availability and preferred choice of chaperone. Participants expressed their opinion on the importance of, and facilitators and barriers for chaperone use. Although most participants had knowledge of the term 'medical chaperone' (75%), those with a qualification from Europe (other than the UK) were less likely to offer a chaperone. Two-thirds of all participants would consider offering a chaperone and were more likely to work in the public sector (p = .04; Cramér's V = 0.27). A practice nurse was most commonly used as chaperone. Chaperone users ranked the 'medico-legal protection of doctors', 'doctors' professional practice' and 'protection of patients' as the most important factors for using a chaperone. Non-users reported 'personal choice of the doctor', 'confidentiality' and 'impact on the doctor-patient relationship' as the main areas influencing their decision not to use a chaperone. International doctors hold different views about the use (or not) of chaperones within their clinical practice and its effect on the doctor-patient consultation. Further research is needed to tease out the reasons for this.

What should GPs be doing about chaperones?

Trust remains the cornerstone of the relationship between a GP and patient. If a GP should use words or actions of a sexual nature with a patient in the context of the consultation, a professional boundary may have been crossed and the inherent trust between doctor and patient may have been compromised.1 In this unique clinical environment, both patient and GP are vulnerable. Failure to address this issue can have life-changing repercussions for one or both parties. The use of medical chaperones (or the presence of a third party as observer) during clinical examinations is important whether one practises as a GP, specialist, medical student, nurse, or other member of the practice staff (for example, physiotherapist) who examines patients. This is regularly highlighted in tabloids and medical magazines where health practitioners have acted inappropriately, and minimising this risk to patients is an important component of good medical practice. The offer of a chaperone, as advocated by the General Medical Council and various medical defence organisations in the UK and elsewhere, goes some way to reduce this risk. As secondary functions, the role of a chaperone may include providing comfort to patients and protection for doctors from false allegations.2 The accompanying commentary by Rob Hendry on the paper by Wai et al is probably a more pragmatic and succinct approach for GPs.3 The concerns surrounding medical chaperones have been debated elsewhere over nearly three decades now and are not the purpose of this commentary.2,4,5 Rather, what should GPs …

Interference with the clinical independence of doctors in hospitals faced with a shortage of resources: what should doctors do?

In the face of interference with their clinical independence in hospitals with a shortage of resources, what should doctors do? The question can be answered by considering: (i) the constitutional right to healthcare and emergency treatment; (ii) the common-law position regarding unlawful homicide and the doctrine of 'superior orders'; (iii) the ethical rules of the Health Professions Council of South Africa; and (iv) whether there is any protection for doctors who refuse to carry out unprofessional, unethical or unlawful directives from their superiors. While this article focuses on the public sector, some of the legal principles, where relevant, apply equally to doctors in the private sector.

Cost-benefit analysis of social work services in the emergency department: a conceptual model.

To describe an economic model for formal cost-benefit analysis of emergency department (ED)-based social services. The varied monetary costs and benefits associated with ED-based social work services were projected for three hypothetical levels of ED volume (30,000, 60,000, and 90,000 patients/year). Primary benefits included the prevention of return ED visits, the prevention of "social" hospital admissions, and the protection of doctor and nurse time. The primary cost was salary support for full-time social work staffing. Sensitivity analysis was performed to account for varying estimates. For a small-volume ED, total benefits to offset costs ranged from $43,869 to $81,504, yielding a net cost of $99,936 up to $137,571 for full-time social work coverage. For a moderate-size ED, total benefits ranged from $87,660 to $162,930, yielding a net cost of only $18,510 on the high end of the sensitivity analysis, and $87,668 on the low end. For a large-volume ED, total benefits ranged from $131,529 to $247,434, yielding a net cost of $49,911 on the low end of the sensitivity analysis, but a net benefit of $65,994 on the high end. Dedicated social work staffing of EDs may yield net economic benefits, especially in large urban centers. Moderate-size EDs may almost "break even" in economic terms, and small EDs may realize a net cost, but in either case, the cost of social services can be significantly offset by decreased utilization of hospital and ED services, and by more efficient use of medical staff time.

Legal aspects of humanitarian intervention: The Protection of Doctors on Voluntary Humanitarian Missions

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