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ETHICOMEDICOLEGAL ASPECT
OF ACCUPUNCTURE IN MEDICAL
PRACTICE
TINJAUAN ASPEK ETIKOMEDIKOLEGAL
PADA PRAKTIK AKUPUNKTUR MEDIK
Soetedjo
• Ass Wr Wb,
• Properous regards to all of us, and Good morning
• Ladies and Gentlemen
• First of all, I would like to thank to God, who has given us hints
and guidance also wealthy, healthy and safety, so we can attend
this meeting to day.
• The second, thanks to coordinating committee who has given me
a good chance to be speaker, in the topic about : THE
ETHICOMEDICOLEGAL ASPECT OF ACCUPUNCTURE IN
MEDICAL PRACTICE. This topic is very important to be
discussed, because doing by doctors.
THIS TOPIC IS VERY IMPORTANT TO
BE DISCUSSED, BY MANY REASONS
ACCUPUNCTURE MEDICINE
1. FROM THE EAST. 1. FROM THE WEST
2. BOK / POHON ILMU. 2. B O K, DIFFERED.
3. CLASSICAL 3. “ADVANCE/ MODERN
ACCUPUNCTURE. ACCUP.
( NON DOCTOR), ( DOCTOR)
4. FROM CLASSICAL TO 4. EVIDENCE BASE=
EVIDENCE BASE. MODERN.
5. ACCUPUNCTURE HAS 5. = THE WEST -> TO
LEARNED BY THE WEST. LEARN THE EAST.
THE DIFFERENCE OF
ACCUPUNCTURE MEDICAL ACCUPUNCTURE
To be Listened, to Sympathy,
Medication*, Note of sickness (MR),
The Truth, no Harm, Told what to do,
Professinalisme, Feel better, a Cure,
Comfort, a Chat, Advice he/she
understands, the Answer, Agenda what
they want.
IF, THE REASONS OF THE
PATIENTS TO GO TO THE
DOCTORS ...LIKE THESE.
They feel ill their physically, They
feel ill mentally, They need advices,
They want time off work, They don’t
know who make them healthy, They are
lonely, They have marital/ family
problem, And may be any Legal
reasons.
THE AIM OF TREATMENT
.
5 To maintain functional state or compromise
condition. Mempertahankan status fungsional atau menjaga
kondisi kompromistis
6. Education and consulting according condition
and prognosis. Edukasi serta konseling, kaitannya dengan
kondisi dan prognosis.
7. To protect severity or dangerous during
caring***. Mencegah memberat /bahaya selama dlm
perawatan.
8. Hopice care. Membimbing kematian dgn tenang .
8. (Johnson, et al, Dahlan S.)
AS
ASWE
WEKNOW
KNOW
THE
THE ONE
ONEOF
OF THE
THE IMPORTANT
IMPORTANTTASK
TASKOF
OFTHE
THE
DOCTOR
DOCTORIS
ISCLINICAL
CLINICALCASE
CASEMANAGEMENT
MANAGEMENT,,
THAT
THATCONSIST
CONSISTOFOFTRILOGY
TRILOGYCOMPULSIONS
COMPULSIONS
WITH
WITHEXTENTION
EXTENTIONININMORAL,
MORAL, ETHICS,
ETHICS,AND
AND
LAWS.
LAWS.
TRILOGY COMPULSIONS OF
CLINICAL CASE MANAGEMENT
1. Diagnosis: ( 2 kind of methode)
How to recognize the cause of symptom, sign, and
syndrome to determine, what kind of diseases.
2.Treatment: ( 2 kind of methode)
To reduce and eliminate the symptom, to make
recover and better again, and also to restore sense of
well-being.
3.Prognosis: ( 2 kind of methode)
Estimating the extent of patients suffering from
remain treated or not.
(Curran, W; Dahlan S)
The question is: What’s the most difficult?
And, Especially in Medical accupuncture?
THE DIAGNOSIS
1. The effortS of the doctor as the most
difficult, so that effort can produce 3
possibilities,
2 . Those are:
o a. Correct diagnosis;
o b. Misdiagnosis (salah diagnosis);
o c. Undiagnosis (tidak dapat didiagnosis).
Misdiagnosis
Misdiagnosis isiscaused
causedby by::
oo 1.1.Mistake
Mistake/ /error
error by
bydoctor.
doctor.
oo 2.2.Mistake
Mistakeby byspecialist
specialist/ /Consultant
Consultant
oo 3.3.Mistake
Mistakebybylaboratory
laboratoryfinding
findingf/medical
f/medical
equipment
equipment
oo 4.4. Patient
Patientconstribution;
constribution;through
throughmany
manyways.
ways.****
****
(Curran,
(Curran,W,
W,J,J,1980)
1980)
MISDIAGNOSIS
MISDIAGNOSIS
Should
Shouldbebeunderstood
understood::
1.1.That
Thatall
allmisdiagnosis
misdiagnosis isisnot
not malpractice,
malpractice,although
although
misdiagnosis
misdiagnosiswillwillbe
beproduced
producedinaccurate
inaccuratetreatment.
treatment.
2.2.Catagories
Catagories as
asmalpractice
malpractice ififmisdiagnosis
misdiagnosisproduce
produceby
by
mistake
mistakeororcarelessness,
carelessness, in
inprosedure
prosedureapplication
applicationof
of
diagnosis.
diagnosis.
Because
Becausenot
notall
allmedical
medicalinformation
information
about
aboutpatient
patientcan
canbe
beobtained
obtained only
only by
by
anamnesis
anamnesisand
andphysical
physicalexaminatiom.
examinatiom.
The Q is : How about in Medical accupuncture?
Using medical equipment? Or without.
THE LABORATORY FINDING AND
MEDICAL EQUIPMENT ARE NEEDED TO:
(Sandars, J, 2007)
THE EFFORT TO HAVE DIAGNOSIS,
BY CONSULTANT DOCTOR IS
VERY IMPOTANT, WHY?
BECAUSE
BECAUSE::::
““NO
NODOCTOR
DOCTORCAN
CANBE SPECIALISTIN
BESPECIALIST INALL
ALL
AREAS
AREASOF
OFMEDICINE.”
MEDICINE.”
CONSULTATION
CONSULTATIONNEEDNEEDIN
INTHE
THEFRAME
FRAME::
oo ERECTING
ERECTINGOFOFDIAGNOSIS
DIAGNOSIS;;
oo SPECIFICATION
SPECIFICATIONOF
OFPROGNOSIS;
PROGNOSIS;
oo DECISION
DECISIONOF
OFTREATMENT
TREATMENT AND
ANDANOTHER
ANOTHERCLINICAL
CLINICAL
WISDOM.
WISDOM.
How about in medical accupunctur?
CONSULTATION
1.1.LIMITATION
LIMITATIONOF OFTHE
THEDOCTORS,
DOCTORS,IN:
IN:
a.a. COMPETENCY;
COMPETENCY;OR OR
b.
b. CLINICAL
CLINICALPRIVILEGE
PRIVILEGE THEIR
THEIRHAVE.
HAVE.
2.2. LIMITATION
LIMITATIONOFOFTHE
THEHOSPITAL,
HOSPITAL,ESPECIALY
ESPECIALY IN:
IN:
a.a. MEDICAL
MEDICALSTAFF;
STAFF;
b.
b. HOSPITAL
HOSPITALEQUIPMENT
EQUIPMENTININTHE
THEHOSPITAL.
HOSPITAL.
REFERRAL
Refferal is request DPJP ( primary doctor) to Referral
doctor to handle special problem as a part or all.
1. ADMINISTRATIVE MALPRACTIVE
2. CIVIL MALPRACTICE
3. CRIMINAL MALPRACTICE
1. ADMINISTRATIVE
MALPRACTICE
1. DIAGNOSTIC ERROR
2. TREATMENT ERROR
3. PREVENTIVE ERROR
4. OTHERS
III. MANY KINDS
OF ERROR (1)
1. Diagnostic Error:
a. Mistakes and late diagnosis.
b. Not use the diagnosis test of which has been
recommended.
c. The use test which has been out of date..
d. Not do any action on the test resut on the
monitoring.
Salah/terlambat, tak direkomendasikan,kedaluwarsa , tak berbuat apa2
III. MANY KINDS
OF ERROR (2)
2. Treatment Error:
a. Error of treatment process, working or test
procedure.
b. Error in giving treatment.
c. Error of dosage measured or giving medicine.
d. Avoidable delay, keterlambatan yang dapat dicegah .
e. Commits to acts are not in right or nor indicated.
4. Others:
a. Communication failure, kegagalan komunikasi.
b. Equipment failure, kegagalan peralatan
c. Failure of anothers systems,
kegagalan dari sistem- sistem lainnya
IV. ABANDONMENT
( PENELANTARAN)