`Patient protection against malpractice weak'

`Patient protection against malpractice weak'

Sari P. Setiogi, The Jakarta Post, Jakarta

Kartika, 25, a new mother, said he was advised to deliver her son
by caesarean section, which she eventually agreed to.

"My obstetrician told me I had to do it because my baby would
be to large to deliver naturally," she said.

Kartika said her son only weighed 2.3 kilograms at birth, and
she continues to suffer postsurgical pain. Another obstetrician
she consulted said she could have delivered her baby naturally.

Kartika is just one example of how patients are not well
protected against medical malpractice.

Budi Sampurno, an expert on medical law, said medical
malpractice included misdiagnoses, mistreatment, trouble under
anesthesia, postsurgical complications and visible negligence.

In a speech on Saturday at the Indo Surgitex 2003, Budi said
that ethically surgeons should follow the principle of non
maleficence primum non nocere, or surgery should only take place
if non-surgical solutions are impossible.

"Surgery is invasive and requires a certain competency on the
part of the patient to make the decision and to understand the
signed consent form.

"The aim of signing a consent form is to make sure that the
patient really understands the consequences and risks of
undergoing surgery, not just to deliver information and leave the
patient with questions," Budi said.

Indonesia has yet to pass a law regulating the medical
profession. As a result, doctors accused of malpractice can only
be charged under the Criminal Code.

As an example of how weak the protection of patients' rights
is, Budi pointed to a court case in Jakarta that eventually was
won by the hospital named in the suit.

Budi said if malpractice occurs during surgery in a hospital,
the surgeon should not be the only party held responsible.

"This should be the responsibility of the hospital management
as the malpractice occurs in the hospital as an institution," he
said.