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.