Analisa” Daily, December 21, 2009.

By: Iman Sjahputra  SH, SpN, LL.M

As decreasing as the communities’ trust to the entity of the public service in this country; without exception the medical profession now gets a major highlighted. Starting from the criticized against the hospital that tend to be more of business minded than  giving medical services, until the doctor’s quality service which is regarded not giving a safe feeling towards the patients.

The recent example for a bad medical service in this country can be seen on the case of a patient, Prita Mulyasari. Caused by her dissatisfaction on the hospital and doctor’s medical services, it ended up in the detaining and trial of Prita Mulyasari. From Prita Mulyasari’s case, the public’s justice feeling as if was tearing up because law tends to be standing on the doctor and hospital’s side as if they are the “medical god” that can do no wrong. The patients’ position is so fragile and easily to be blamed for the defamation against the “medical god” if the patients raise a protest for the given medical treatment.

In fact if there is a slight honesty, there are not a few cases involving the doctors’ profession that caused the suffering of patients and their family. It is not so rare the communities are complaining against the doctors’ lack of professionalism in treating the patients. The patients’ dissatisfaction usually resulting in the complaining against the doctors and hospitals. The reasons for the patient’s complains are varied such as the prescription mistake, diagnosis mistake up until the operation mistake. It looks like that instead of getting a medical treatment the opposite way the patient in this country have became a “guinea pig”? Have it ever crossed in our mind that what have been done by some doctors will lengthen the patients’ list whose have been sick to be more suffering in this country? What if because of the carelessness of medical treatments have caused the patient’s permanent physical defect or death?

The conniving towards the medical carelessness is getting worse when the law is barren and cannot protect the patients. When the patients and their families try to defend their rights by complaining and reporting the malpractice they got, then the hospitals and the doctors bravery argued that, “All the medical treatment given were done in accordance with the procedure through the correct diagnosed!”.

If this has happened, then what else can be done by the patients and their families to enforce their rights? Is it to file a lawsuit against the hospital and doctor for the malpractice? This has been done previously, not once or twice in this country, but it is a countless malpractice cases have been brought by the patients’ families before the court. But the “god of fortune” is standing still on the side of the hospital and the doctor who conducted the malpractice. How it could happen? It is because there is still a paradigm to treat alike the doctor profession with the “medical god”. Indeed doctor is a noble profession; however we must remember that a doctor is also a human being who can do something carelessly or negligently. It means that a doctor profession is not immune against criticism and punishment in case the related person conducting something wrong. Doctor is metaphorically a “salvation god”, however this high predication cannot lead into the reckless and irresponsible of the doctor’s profession. A human life is priceless, not as goods that can be valued.

The Medical Practice Law No. 29 Year 2004 states that a patient has the right to get the services based on the medical needs (Article 52 A); further the patient has the right to get the full explanation on the medical action as referred to Article 45 (3) related to (a) the diagnose and medical action procedures; (b) the purpose of the medical action performed; (c) the alternative treatment and its risks; (d) the risks and possible complications; and (e) the prognosis on the performed action.

These regulations clearly protect the patients as consumers. However these regulations are often ignored by the doctor. When a patient raises a question most of the doctors are so cheap and difficult to explain. Sometimes the answer unsatisfactorily, especially the doctor popular doctors, sometimes the said doctor silently not replying even a word when asked by the clients. No doubt that this fact is very often to be faced by the patients. There is no other way except to get a second opinion from the other doctor to compare the diagnose results one to another until the patients get a satisfactory answer on the medical problem they are suffering. For the thick pocket patients can easily find overseas doctors. That is why our neighboring countries such as Singapore and Malaysia hold plenty of rich patients from this country. It is often to be talked about that the patients are feeling safer and more comfortable to get the medical treatment from our neighboring countries rather than in our country. Is such condition expected by our people? Of course not.

When will we realize this harming condition? Indeed this is the fact that cannot be denied. Does the Indonesian doctors still not yet realized on the patients’ dissatisfaction on their services? Remember how much foreign exchanges of the Indonesian have been sucked by our neighboring countries because of the patients’ dissatisfaction towards doctors’ services in Indonesia? Hopefully the medical and doctors’ world in Indonesia could straighten themselves.

We do not expect another Prita’s case happen in this country. The lawsuit between doctor-patient and hospital cannot become a habit. The patients are expecting the sense of responsibility from each of the related person or official in the medical services to the communities. Doctors and the hospitals shall be profit minded only, but more important than that is to give the services to the communities as governed by the laws, isn’t it?

* Writer is the managing partner of the law firm Iman Sjahputra & Partners in Jakarta.