Court dismisses malpractice suit<\/p>\n
Urip Hudiono, The Jakarta Post\/Jakarta<\/p>\n
Nothing perhaps could better describe Indra Safri Yakub's
\nfeelings, but that of deep sorrow and disappointment as a court
\nthrew out his medical malpractice lawsuit.<\/p>\n
After losing his wife Adya Vitry Harsisusanti during a
\npreoperational procedure, his quest for justice was cut short
\nwhen the Central Jakarta District Court dismissed his lawsuit
\nagainst doctors from three hospitals for malpractice.<\/p>\n
Presiding judge Cicut Sutiarso read the court decision on
\nThursday to accept the defendants' arguments that the lawsuit was
\n\"premature\" and \"inappropriately addressed\".<\/p>\n
The panel of judges considered the case was filed before an
\nofficial investigation had been conducted and an autopsy report
\nfiled on the cause of Adya's death.<\/p>\n
They also said the plaintiff should have filed the lawsuit
\nagainst the hospitals' board of directors.<\/p>\n
The judges thus dismissed the suit and awarded costs of Rp
\n1.69 million (US$185) against the plaintiff, but gave both
\nparties two weeks to consider the ruling.<\/p>\n
Indra's lawyer, Erna Ratnaningsih from the Jakarta Legal Aid
\nInstitute (LBH Jakarta), said after the hearing that her client
\nwould definitely file an appeal.<\/p>\n
\"The judges did not even consider the evidence we had
\npresented, which shows that Indra's wife did not die because of
\nher illness but because the doctors at the hospitals did not
\ntreat her properly,\" she said.<\/p>\n
In addition, many doctors who had been summoned by the court
\nto testify as expert witnesses did not show.<\/p>\n
Indra is set to file a complaint with the Jakarta Police
\nwithin the week, after which it will be up to police whether to
\npursue a criminal case.<\/p>\n
He had sued 11 doctors from Cipto Mangunkusumo General
\nHospital (RSCM) and Pelni Hospital in Jakarta and the Indonesian
\nRed Cross (PMI) Hospital in Bogor for negligence resulting in the
\ndeath of his wife.<\/p>\n
Indra demanded that the hospitals run a public apology in the
\nmedia and pay Rp 47 million for material losses. He had also
\nclaimed punitive damages of Rp 3 billion.<\/p>\n
Indra's wife died at RSCM after a doctor inserted a central
\nvenous pressure (CVP) needle into a vein in her neck, which was
\nnecessary to administer an anesthetic for an operation the
\nfollowing day.<\/p>\n
The doctor, however, was not an anesthesiologist, Indra said,
\nonly a general practitioner, and the hospital had not notified
\nhim of this fact.<\/p>\n
Further, Indra's wife had earlier undergone a series of
\nmedical tests at the other two hospitals, but no diagnosis was
\nmade.<\/p>\n
Several malpractice cases have surfaced recently, and while
\npeople can sue for malpractice, the process is unclear and the
\nplaintiff's loss is probable, as there are no specific
\nregulations on it.<\/p>\n
The Medical Law was enacted on Sept. 7 without a key article
\non medical malpractice that was included in the draft bill.
\nInstead, the law defines \"malpractice\" as a case in which an
\nindividual commits fraud by posing as a doctor, nurse, health
\nworker or other medical professional.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/court-dismisses-malpractice-suit-1447893297",
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"sponsor": "Okusi Associates",
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