Hospital exonerated in malpractice lawsuit

Hospital exonerated in malpractice lawsuit

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The South Jakarta District Court ruled in favor of Medistra
Hospital on Tuesday in a malpractice suit filed by a dentist who
lost the sight in one eye after surgery to remove a tumor at the
hospital last year.

Lawyers to plaintiff Nelly Andri K. failed to provide
sufficient evidence to prove her case against the accused,
comprising the hospital, Dr. Linda Rachmat, Dr. Nicolaas C.
Budhiparama and Dr. Lucas Budiono, according to the verdict.

"There is no medical evidence to prove that the blindness was
a result of the surgery," presiding judge Masrup told the
hearing.

The accused operated on Nelly, who is a dentist, based on
medical procedure and standards based on the profession's ethics,
said the panel of judges, including judges Fakih Yuwono and
Ridwantoro.

According to the verdict, several doctors who testified in the
hearing as expert witnesses claimed that Nelly's loss of sight
had nothing to do with the surgery.

According to Dr. Mardiono, a witness, the blindness could be a
result of diabetes mellitus, which Nelly suffers.

The case started on Feb. 8, 2001 when Nelly was rushed to
Medistra following back pain. On Feb. 15, 2001 a team of doctors,
including Linda, Nicolaas and Lucas, said Nelly had a tumor on
her back.

After Nelly recovered consciousness the next day, she felt a
terrible pain in her back and realized she could not see through
her right eye, which was in perfect health before the surgery.

Dr. Gartati Ismail, an eye doctor, diagnosed that there was a
problem in her central nervous system.

By the time she left the hospital on March. 21, 2001, she
still could not see out of her right eye. She sought treatment at
other hospitals, including in Singapore, but to no avail.

Nelly lodged a complaint with the Indonesian Doctors
Association, but on March 24, 2001, the association declared that
Linda, Nicolaas and Lucas had not violated medical ethics.

Lawyer Arno Gautama Harjono, who represented Nelly, said he
would appeal to a higher court.

At least two malpractice lawsuits have been file against
Medistra in the last two years. The South Jakarta District Court
also ruled in favor of the hospital in the other two cases.

Dr. Marius Widjajarta of the Foundation for the Empowerment of
Patients said patients' rights were not being upheld despite Law
No. 23/1992 on health care users.

"But the Ministry of Health has yet to make a regulation to
protect patients here," Marius told The Jakarta Post.

"Doctors themselves do not seem to welcome such regulations.
They must understand that their life and welfare depend on their
patients. Patients, therefore, deserve equal footing with
doctors," he said.