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International Journal of
Law
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VOL. 8, ISSUE 4 (2022)
An analysis of opening medical records of covid-19 patients by doctors based on bioetics principles in Indonesia
Authors
Syafri Ramjaya Noor, Sri Walny Rahayu, Teuku Saiful
Abstract
This study aims to analyze how doctors open the medical records of COVID-19 patients based on bioethics principles and Minister of Health Regulation No. 36 of 2012 concerning Medical privacy. The research method used is a normative juridical research method with a statutory approach and a conceptual approach. With secondary data sources obtained from laws, books and other literature. The secondary data obtained were then arranged sequentially and systematically for further analysis using qualitative methods. The results of the first study showed that, There are 3 (three) main principles of bioethics applied in opening medical records of COVID-19 patients by doctors, the three principles are the principle of confidentiality, the principle of beneficence and the principle of non-maleficence. The principle of confidentiality underlies the relationship between the patient and the doctor to keep the information contained in the medical record as a medical privacy. The application of the principle of confidentiality to medical records is not absolute when dealing with the principles of beneficence and non-maleficence, where all things are measured based on considerations of benefit and harm. The principle of non-maleficence grants permission to open the medical records of COVID-19 patients considered an ethical action aimed at preventing and overcoming the COVID-19 outbreak so as not to pose a danger to the safety of the wider community. The results of the second study, Minister of Health Regulations no 36/2012 provides more detailed arrangements regarding the opening of medical records by mentioning 4 (four) reasons it is allowed. However, Minister of Health Regulations RK 36/2012 does not stipulate clear arrangements regarding the scope of medical records that can be opened during an outbreak. The Indonesian Doctors Association through the Honorary Council for Medical Ethics has issued Decree Number 015/PB/K.MK.K./03/2020 concerning Fatwa on Medical Ethics, Health Policy, and Research in the Context of the COVID-19 Pandemic. It is recommended to doctors, in opening the medical records of COVID-19 patients, doctors need to explain to patients about the certainty that their medical records will be given to the government to prevent and overcome the spread of COVID-19. Then to the public, it is hoped that the opening of the medical records of COVID-19 patients should not be responded to negatively socially so that it has an impact on the isolation of patients and even their families. COVID-19 is a disease not a curse or a criminal act against the patient's will. As well as the Decree of the Medical Ethics Honorary Council Number 015/PB/K.MKEK/03/2020 concerning the Fatwa of Medical Ethics, Health Policy, and Research in the Context of the COVID-19 Pandemic, it can be proposed as a law to deal with the possibility of the same epidemic, of a kind and others in the future.
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Pages:19-25
How to cite this article:
Syafri Ramjaya Noor, Sri Walny Rahayu, Teuku Saiful "An analysis of opening medical records of covid-19 patients by doctors based on bioetics principles in Indonesia". International Journal of Law, Vol 8, Issue 4, 2022, Pages 19-25
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