Health Services Controversy in Emergency Conditions Seen Through the Zaakwaarneming Approach
- DOI
- 10.2991/assehr.k.211112.040How to use a DOI?
- Keywords
- Doctor; Patient; Health Service; Zaakwaarneming
- Abstract
Health is a human right to get an increase in the degree of public health through the provision of medical services in accordance with professional code of ethics standards and the patient’s medical needs after obtaining prior approval from the patient. However, in an emergency situation with the aim of saving the patient from disability, health services can be carried out without going through the patient’s consent, which is known as zaakwaarneming. Zaakwaarneming as a form of health service raises pros and cons so that it is interesting to study through identification, namely First, How is the legal relationship between doctors and patients in health services based on zaakwaarneming, and Second, what issues arise from the relationship between doctors and patients based on zaakwaarneming. Normative juridical research methods, descriptive analysis research specifications, types, and sources of data consist of secondary legal materials through the support of primary legal materials, secondary legal materials, and tertiary legal materials, qualitative data analysis. The results of the study are First, in an emergency situation, doctors can provide health services to patients without a therapeutic agreement being preceded, but based on zaakwaarneming as an engagement based on law; and Second, the existence of the patient’s actions to avoid the responsibility for fulfilling payments for actions that doctors have taken on the grounds of the absence of patient consent, as well as claims for disability that occur in health services, is a problem zaakwaarneming in the doctor-patient relationship.
- Copyright
- © 2021 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - Anita Kamilah AU - Ryan Majid PY - 2021 DA - 2021/11/23 TI - Health Services Controversy in Emergency Conditions Seen Through the Zaakwaarneming Approach BT - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021) PB - Atlantis Press SP - 315 EP - 321 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211112.040 DO - 10.2991/assehr.k.211112.040 ID - Kamilah2021 ER -