sengketa medik dan konflik etikolegal
DESCRIPTION
sengketa medikTRANSCRIPT
LEARNING ONJECTIVES
Aimed competency:Conducting ethical justification in every professional activities as a
medical doctor. Subjects: Medical dispute
Lecture objectives:1. Undertanding the meaning, dynamics, prevention and
management of medical dispute.2. Undertanding the meaning, dynamics, prevention and
management of eticolegal conflict
CommunityMedical problems
TrustAppreciationSpecific privilegeSocial contract
DoctorMedical competentcy
QU ALITY
CARE
MEDICAL CARETherapeutic contract
Doctor
Patient
Mutual agreement
Therapeutic contract
A social contract specific characteristics
THERAPEUTIC CONTRACTSpecific characteristics
Formality: implicit, conventionObject: medical problemsAims: providers: effort to cure, not cure patients: cureResponsibility: providers: quality care patients: abiding and support the processCondition: mutual believe and respect
Therapeutict contract (between provider, a/o doctor and patient)
Right and Responsibility
Dissatisfaction
medical dispute
MEDICAL DISPUTE
Demand Contract Outcome Dissatisfied Complaint Allegation Auction
MEDICAL ALLEGATIONDissatisfaction to the outcome
1. Condition of the diseases
2. Adverse effects
3. Missed conduct• Negligence• Intentional
malpractice
PROVED MEDICAL AUCTIONMalpractice
• Therapeutic contract
• Damage to the patient
• Missed conduct
• Damage is due to missed conduct
System Science Moral
Ethics
Honorable
Quality care
The best
Standardbylaws
Efficient
Missed conduct ?
DISCIPLINED CARE
Administrative disciplineClinical disciplineEthical discipline
= MEDICAL DISCIPLINE
Missed conduct = undisciplined care
UUPK -MEDICAL COUNCIL
Practice based on standard
Standard = reference to disciplined care
MANAGEMENT OF MEDICAL ALLEGATION
Provider
Institution Ethical Committee
Professional Court - MKDKI
Common Court
MANAGEMENT OF MEDICAL ALLEGATIONProvider = Doctor
Review the processDiscuss the complaint * severity * MAE (Medicine Adverse Effect) * miss conduct ^ negligence ^ intentional - mal behave incongruency of perception? substantial wrong doing mutual agreement Accepting the situation Further auction
MANAGEMENT OF MEDICAL ALLEGATIONInstitution – Ethical Committee
Review the processDiscuss the complaint * severity * MAE * miss conduct negligence malbehave incongruence perception? mutual agreementAccepting the situation Further auction
Idem Providers +Intermediation+ Compensation Disciplinary action
Hospital Dinkes IDI MKEK
MANAGEMENT OF MEDICAL ALLEGATIONMKDKI - Professional Court
Allegation AssesmentDecision: do breaking the disciplines ?Sanction:
DeregistrationReschoolingSpecific attentionRefered to MKEK
Do not eliminate the right of the patient to undertake the auction to the civil and criminal court
MANAGEMENT OF MEDICAL ALLEGATIONCommon Court
Civil Court: Miss Conduct Compensation
Criminal court: Breaking specific laws/ regulation
Medical Dispute - Prevention
• Discipline care• Honorable care• Understanding the dynamics of the dispute ongoing preventive action.• Building up conducive doctor patient relationship: attentive empathic care through better communication skill.• Honest and responsible. Admitting the wrong doing.
HONORABLE CARERespecting mankind
Sifat Ketuhanan – power of the almightyKemurnian niat – pure intentionKeluhuran budi - wisdomKerendahan hati - humblenessKesungguhan kerja – hard workingIntegritas ilmiah dan sosial – Scientific and social integrity
Kesejawatan – peer spirit ALTRUISM
Therapeutict contract (provider and the patient)
Provider is a team within a system
Conflict among member of the team or Staff of the system
eticolegal conflict
ETICOLEGAL CONFLICTSophistication of medical technologyTeamwork approach through a system different health / medical professionals in rendering medical care conflict
Source of conflict:•Autonomy• Authority• Professional pride• Other interest• Character: Personal and professional behavior
ETICOLEGAL CONFLICTManagement
Provider
Institution Ethical Committee
MKEK Other health prof. Organization
Resolution of the conflict Formative action
ETICOLEGAL CONFLICTPrevention
Acknowledge and respect different professionals within the system.
Undertaken the role and behave according to their position within the system.
Consistently work according to the standard.
Enhancing peer spirit
END REMARK
Medical practice: a social contract. Operationally implemented as a therapeutic contract.
Contract lead to dissatisfaction, medical dispute legal auction. Should be prevented and managed properly in maintaining public trust and appreciation.
Medical care could lead to conflict among providers. Should be perevented and managed properly, in maintaining the spirit and the honor of medical profession.