Weekly discussion forum, Raboan Online, held by Center for Bioethics and Medical Humanity (CBMH) on Wednesday (14/07) invited Indonesia Vice Minister of Law and Human Rights, Prof. Dr. Edward O.S. Hiariej, S.H., M.Hum., as a speaker on a discussion about Medical Dispute Dynamics, with dr. Darwito, Sp.B(K)-Onk, S.H., accompanying as moderator.
Medical dispute is a dispute between two or more parties about a law incident that is happening on a medical setting, one example being a malpractice.
According to the speaker who is familiarly known as Prof. Eddy, malpractice from the eyes of a law expert could be different from the medical perspective, where there are elements that should be fulfilled for a case to be judged as a malpractice. Prof. Eddy proceeded to emphasize that even then, a jurist can not decide the occurrence of a malpractice without the help of internal investigation by professional organizations of doctors themselves.
A few theories were explained further by Prof. Eddy regarding the elements of malpractice before he then got to the focus of his presentation, which was “why in medical dispute it has to be restorative justice?”
That in the practice of restorative justice, an investigation of malpractice is held with the intention not to punish a doctor or a medical personnel, but to prevent similar incidents to happen in the future, was one of the point that was highlighted by Prof. Eddy.
