Malpractice kept out of medical bill
Malpractice kept out of medical bill
Dewi Santoso, The Jakarta Post, Jakarta
The House of Representatives endorsed on Tuesday the long-awaited
bill on medical practice, which does not have any provisions for
the punishment of the perpetrators of malpractice.
However, patients who are disappointed with or are
disadvantaged by the service provided by doctors can file
lawsuits against them with the courts.
The bill carries a prison sentence and fines and other
sanctions that could cause doctors or dentists to lose their jobs
due to violations of the profession's code of ethics and
discipline.
It says doctors or dentists who provide medical services
without valid licenses, or with fake licenses, will face a prison
term of up to five years and fines of up to Rp 100 million
(US$10,869). The same penalties could be handed down on foreign
doctors or dentists who provide medical services without
registration.
Anyone who poses as a doctor or dentist and provides medical
services will face a maximum prison term of up to five years and
a fine of up to Rp 150 million.
Indonesian Health Consumer Empowerment Foundation (YPKKI)
chairman Marius Widjajarta said the penalties did not protect
patients from malpractice as the bill only spelled out
administrative sanctions.
"The law is useless as it does not mention anything about
malpractice and its legal consequences. It will protect doctors
more than the public," said Marius, who is a general
practitioner.
The bill's endorsement came after a baby, who was an alleged
victim of malpractice and was moved to the Cipto Mangunkusumo
Hospital in Central Jakarta for treatment, died on Monday night.
In a bid to protect patients from poor medical services, the
bill stipulates the establishment of a medical council with which
all newly graduated doctors will be required to register before
they can obtain a license from the Ministry of Health, determines
national standards of medical services and supervises medical
practitioners in order to uphold those standards.
The council will consist of 17 persons, 10 of whom will be
doctors, three nonmedical citizens, two officials of the Ministry
of Health and two officials of the Ministry of National
Education. The council will be under the supervision of the
president.
To uphold discipline among doctors in providing medical
services, the bill mandates the formation of a disciplinary
council. Members of the council will comprise 11 persons, eight
of whom will be doctors and three legal experts.
The disciplinary council will hear complaints filed by
patients and determine whether doctors have violated the code of
ethics or discipline.
Earlier, House of Representatives Commission VII deputy
chairman Achmad Sanoesi Tambunan suggested that the disciplinary
council should have the authority to examine, investigate and
determine whether or not doctors had taken wrong steps, or
committed errors and bring such cases to court.