Enhancing justice through effective utilisation of ‘Dispute Resolution Mechanisms’ in handling medical disputes in Indonesia
Medical disputes amongst medical professionals and their patients are seen to be inevitable, particularly, when patients suffer adverse outcome in medical treatment. The occurrences of death and physical injuries tend to trigger claims in the court of law. Consequently, medical professionals may be...
| Main Authors: | , |
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| Format: | Proceeding Paper |
| Language: | English |
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International Islamic University Malaysia
2017
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/57995/ http://irep.iium.edu.my/57995/18/57995-edited.pdf |
| _version_ | 1848785033033154560 |
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| author | Susila, Muh Endriyo Jahn Kassim, Puteri Nemie |
| author_facet | Susila, Muh Endriyo Jahn Kassim, Puteri Nemie |
| author_sort | Susila, Muh Endriyo |
| building | IIUM Repository |
| collection | Online Access |
| description | Medical disputes amongst medical professionals and their patients are seen to be inevitable, particularly, when patients suffer adverse outcome in medical treatment. The occurrences of death and physical injuries tend to trigger claims in the court of law. Consequently, medical professionals may be subjected to criminal proceedings although their actions in causing the harm may be totally unintentional. The implications of court litigation against medical professionals may adversely affect the reputation of doctors in the long run and this will eventually promote the practice of defensive medicine. Therefore, it is pertinent that court litigation for resolving medical disputes should be taken only as a last resort after fully utilising the existing ‘dispute resolution mechanisms’ that are available. Presently, there are a variety of ‘dispute resolution mechanisms’ available in Indonesia to solve medical disputes, for instance, through medical as well as consumer tribunals and various methods of alternative dispute resolution. However, to ensure proper utilisation of these mechanisms for solving medical disputes, the role and inadequacies of these mechanisms should be properly addressed to ensure a more effective, fair and just outcome. This paper seeks to identify and discuss the role of existing ‘dispute resolution mechanisms’ in handling medical disputes in Indonesia. The adequacies and inadequacies of these mechanisms will be highlighted and the agendas for reform will also be proposed in order to promote the use of these mechanisms as an alternative to court litigation in resolving medical disputes in a more amicable manner within the modern healthcare setting. |
| first_indexed | 2025-11-14T16:46:42Z |
| format | Proceeding Paper |
| id | iium-57995 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:46:42Z |
| publishDate | 2017 |
| publisher | International Islamic University Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-579952018-01-13T07:20:05Z http://irep.iium.edu.my/57995/ Enhancing justice through effective utilisation of ‘Dispute Resolution Mechanisms’ in handling medical disputes in Indonesia Susila, Muh Endriyo Jahn Kassim, Puteri Nemie K Law (General) Medical disputes amongst medical professionals and their patients are seen to be inevitable, particularly, when patients suffer adverse outcome in medical treatment. The occurrences of death and physical injuries tend to trigger claims in the court of law. Consequently, medical professionals may be subjected to criminal proceedings although their actions in causing the harm may be totally unintentional. The implications of court litigation against medical professionals may adversely affect the reputation of doctors in the long run and this will eventually promote the practice of defensive medicine. Therefore, it is pertinent that court litigation for resolving medical disputes should be taken only as a last resort after fully utilising the existing ‘dispute resolution mechanisms’ that are available. Presently, there are a variety of ‘dispute resolution mechanisms’ available in Indonesia to solve medical disputes, for instance, through medical as well as consumer tribunals and various methods of alternative dispute resolution. However, to ensure proper utilisation of these mechanisms for solving medical disputes, the role and inadequacies of these mechanisms should be properly addressed to ensure a more effective, fair and just outcome. This paper seeks to identify and discuss the role of existing ‘dispute resolution mechanisms’ in handling medical disputes in Indonesia. The adequacies and inadequacies of these mechanisms will be highlighted and the agendas for reform will also be proposed in order to promote the use of these mechanisms as an alternative to court litigation in resolving medical disputes in a more amicable manner within the modern healthcare setting. International Islamic University Malaysia 2017 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/57995/18/57995-edited.pdf Susila, Muh Endriyo and Jahn Kassim, Puteri Nemie (2017) Enhancing justice through effective utilisation of ‘Dispute Resolution Mechanisms’ in handling medical disputes in Indonesia. In: International Conference on Dispute Resolution 2017 (ICDR 2017), 9-19 Aug 2017, Kuala Lumpur. https://icdr2017.org/ |
| spellingShingle | K Law (General) Susila, Muh Endriyo Jahn Kassim, Puteri Nemie Enhancing justice through effective utilisation of ‘Dispute Resolution Mechanisms’ in handling medical disputes in Indonesia |
| title | Enhancing justice through effective utilisation of ‘Dispute Resolution Mechanisms’ in handling medical disputes in Indonesia |
| title_full | Enhancing justice through effective utilisation of ‘Dispute Resolution Mechanisms’ in handling medical disputes in Indonesia |
| title_fullStr | Enhancing justice through effective utilisation of ‘Dispute Resolution Mechanisms’ in handling medical disputes in Indonesia |
| title_full_unstemmed | Enhancing justice through effective utilisation of ‘Dispute Resolution Mechanisms’ in handling medical disputes in Indonesia |
| title_short | Enhancing justice through effective utilisation of ‘Dispute Resolution Mechanisms’ in handling medical disputes in Indonesia |
| title_sort | enhancing justice through effective utilisation of ‘dispute resolution mechanisms’ in handling medical disputes in indonesia |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/57995/ http://irep.iium.edu.my/57995/ http://irep.iium.edu.my/57995/18/57995-edited.pdf |