CONCEPT OF THERAPEUTIC AGREEMENT IN MEDICAL CONSULTATION ONLINE: TOWARD THE PROTECTION OF PATIENT’S CONFIDENTIALITY

Back to Page Authors: Arrie Budhiartie

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Keywords: agreement, obligation, patients, physicians, therapeutic

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Abstract: Therapeutic agreement is the most important part of the existence of a legal relationship between physicians and patients in the administration of health / medical services which is subject to the provisions of Book III of the Civil Code on the Agreement. Therapeutic agreement is seen as important as the starting point for the rise of physician’s obligations to patients, where in the event of circumstances that are suspected of being an illegal act (onrechtmatigedaad). This paper is to analyze the concept of a therapeutic agreement as a conventional agreement that requires a direct meeting between the doctor and patient, so that the terms of the legal agreement are met. The existence of digitalization that utilizes the internet as a means of communication gives a different impact in the issuance of a therapeutic agreement. The number of medical consultations carried out in cyberspace (online) give birth too many legal issues, which are not solely related to the medical confidentiality of patients, but also in the concept of the presence or absence of a therapeutic agreement in the online medical relationship. The objectives of this research is to formulate a new norm of therapeutic agreement that must show the balances obligations between physicians/doctors and patients. As a doctrinal research, it used to legal sources in conceptual and legislation approach, added with systematically and interpretation analysis. The result shown that the renewal of norms must be related to legal protection to patients in the use of online media in the field of health consultation services.

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