Professional Documents
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PRIJO SIDIPRATOMO
KETUA MKEK IDI 2012-2018
DEKAN FK UPNVJ
DISAMPAIKAN DALAM KULIAH PAKAR DI FK UPN
10 Mei 2019
Introduction
• It is now a firmly established belief that legal and ethical considerations are
integral to medical practice in the planning for the care of the patient.
• The advances in medical sciences and growing sophistication of the legal
framework in modern society as well as increasing awareness of human
rights and changing moral principles of the community at large, doctors
and other healthcare workers alike are now frequently caught in difficult
dilemmas in many aspects arising from daily practice.
• There is also growing anxiety both within the medical profession and in the
community regarding increasing trends of complaints and lawsuits against
doctors.
• Medical ethics has developed into a well based discipline which acts
as a "bridge" between theoretical bioethics and the bedside.
• 1 The goal is "to improve the quality of patient care by identifying,
analysing, and attempting to resolve the ethical problems that arise in
practice".
• 2 In addition to our moral obligations, doctors are also bound by laws
and official regulations which form the legal framework regulating
medical practice
• It is now a universal consensus that legal and ethical considerations
are inherent and inseparable parts of good medical practice across
the whole spectrum.
• The disciplines of law and ethics in medical practice overlap in many
areas and yet each has its unique parameters and distinct focus
Ethics is a philosophical
discipline about moral
problems, deals with art of
living
Medical Ethics
Drawn from Codes of Medical and Human Experimentation Ethics by Victoria Berdon and
Jennifer Flavin viewable at http://wisdomtools.com/poynter/codes.html
History cont.
• Percival's Code (England), 1803: basis for first AMA
Code of Medical Ethics.
• Beaumont's Code (United States), 1833: experimental treatments,
voluntary, informed consent.
• American Medical Association (AMA) - Code of Medical Ethics, 1847.
• Claude Bernard (France), 1865.
• Walter Reed (United States), 1898: introduces written consent “contracts”.
Allows healthy human subjects in medical experiments.
• Berlin Code or Prussian Code (Germany), 1900: no medical experiments when
subject not competent to give informed consent, in the absence of
unambiguous consent, or when information not properly explained to subject.
• Reich Circular (Germany), 1932: concerned with consent and well-being of the
subjects.
Drawn from “Codes of Medical and Human Experimentation Ethics” by Victoria Berdon and Jennifer
Flavin viewable at http://wisdomtools.com/poynter/codes.html
Modern issues and statements
• Nuremberg Code (1947)
• Medical research
• Declaration of Geneva, W.M.A. (1948, 1968, 1984, 1994, 2005, 2006)
• World Medical Association International Code of Medical Ethics
• AMA revision (1957)
• Declaration of Helsinki, application to medical research (1964, rev. 1975,
1983, 1989, 1996, 2000)
Drawn from “Codes of Medical and Human Experimentation Ethics” by Victoria Berdon and Jennifer Flavin
viewable at http://wisdomtools.com/poynter/codes.html
Why study medical ethics?
• ethics is and always has been an essential component of
medical practice
• some ethical principles are basic to the physician-patient
relationship, but application in specific situations is often
problematic due to disagreement about what is the right
way to act)
• study of ethics prepares medical students to recognize
difficult situations and to deal with them in a rational and
principled manner
Why study medical ethics?
• integral part of medicine at least since the time of Hippocrates
concept of medicine as a profession
PHYSICIAN
Do no harm
Justice
• Law
• represents minimum standards
• applies broad societal standards and expectations
• Codes and guidelines
• set minimum professional standards
• reinforced with sanctions by self-regulating professions
• Ethics
• strives for maximum standards
• provides framework for resolving health care dilemmas
Why Law is Necessary
Law is the system of rules of conduct established by the
government of a society to maintain stability and justice.
Law defines the legal rights and duties of the people and
provides the means of enforcing these rights and duties.
Legal Intervention in Medicine
• Law moves more slowly than medicine or social mores
• Rules of doctoring are developed within a moral framework
– Constantly restructured by society
– Operating in an atmosphere of legal uncertainty
• Promotes confrontation within the triangular relationship of Medicine,
Law and Society
• Major function of Medical Jurisprudence is to break down barriers of
latent hostility.
Examples for Requirement of a Degree of
Medico-legal Knowledge
– Completing a driver’s license application
– Respecting a patient’s decision to refuse treatment
– What to do (and not to do) with a dead body where there is
suspicion of an unnatural death
– Certification of the dead
– Role of the coroner and knowing which cases need referral
Sources of Law
• Statute Law –government (Dáil)
• Courts (Common Law)
• European Community
• Also
– European Convention on Human Rights
• Government
– is a source of modern law (statute)
– Gives power of law making to other bodies (e.g council,
local government)
IDI ON LINE
PERAN ETIK PADA PENDIDIKAN PROFESI DI
INDONESIA
Professionalism
Excellence
Humanism
Accountability
Altruism
Ethical and Legal Understanding
Communication Skills