Daniel Budi Wibowo
Master of Law Science The concentration of Health Law Soegijapranata Catholic University of Semarang

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Legal Aspect of Teleradiology at Hospital in Fulfillment of Patient Right Adrian Benhard Mardi Putra; Trihoni Nalesti Dewi; Daniel Budi Wibowo
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (182.275 KB) | DOI: 10.24167/shk.v4i2.1497

Abstract

The geographical situation and the disparity of the radiologist distribution make access to radiology services in rural, remote and island areas unmet. The presence of teleradiology can eliminate such gaps by increasing the speed and accuracy of diagnoses through technological assistance carried out in stages through the regulation of the telemedicine pilot project. Although teleradiology is currently still limited to trials, it is necessary to consider legal aspects, such as fairness, usefulness and legal certainty to the fulfillment of patient rights.This study is sociological-juridical with explanatory research specification. This study uses primary data obtained from in-depth interview to 6 informants consisting of 1 region head IDI, one head of medical support head, 1 ICT legal expert, with one radiologist with two radiographers who is performing teleradiology. Meanwhile, secondary data as media supporting obtained through by literature and legislation review. Furthermore, data obtained are processed and analyzed qualitatively. Based on the results of research in dr. Wahidin Sudirohusodo Makassar Hospital and H.A. Sulthan Daeng Radja Bulukumba Hospital, the implementation of teleradiology in both hospitals resulted in some of the patient's rights being unfulfilled due to infrastructure constraints, limited human resources and lack of socialization. Patients are not entitled to informed consent and the provision of medical information. The right to the second opinion is also not fulfilled so that the patient does not get a chance to seek a second chance on the diagnosis of his illness.  The non-fulfillment of both rights also affects the right to patient safety in the hospital in the case of management and taking action due to incomplete medical record data. As for the legal aspects to be achieved in the implementation of teleradiology, i.e., equity, usefulness, and legal certitude aspect.  However, from these three aspects, the legal certitude aspect is not implemented properly as part of the fulfillment of patient rights due to existing regulations not to set certain things that can provide legal protection for provider or recipient of teleradiology service.
The Relationship between Executive Outpatient and Human Rights Protection for BPJS Health Patients in RSUD KRMT Wongsonegoro Semarang I Wayan Agus Setiawan; Budi Sarwo; Daniel Budi Wibowo
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (128.381 KB) | DOI: 10.24167/shk.v4i2.1496

Abstract

Health was very important to human beings and was protected by the state because to get health was part of human rights, and it should be protected by the state. Health warranty was one of the protection forms provided by the government so that the rights to obtain health could be fulfilled. KRMT Wongsonegoro Hospital was a hospital that provided services to the patients of BPJS and organized executive and regular outpatients. The existence of two kinds of outpatients led to a necessity of seeing the protection to the patients getting social security in obtaining executive outpatient services.This research used a socio-legal approach having an analytical-descriptive specification. It would describe the implementation of the executive outpatient services and be then analyzed to see the relationship between the rights of the patients of Health BPJS and human rights protection.The results of the research showed that KRMT WongsonegoroHospital issued a Director’s Decree Nr. 290 of 2017 on Opening of Executive Outpatient of Gatotkaca and a Director’s Regulation Nr. 50 of 2017 on Executive Patient Cost Package. KRMT Wongsonegoro Hospital had not been able to thoroughly schedule specialist and subspecialist doctors for executive outpatients. For the time being KRMT Wongsonegoro Hospital did not take any additional cost for executive outpatient services.