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Online Arbitration in Indonesian Medical Disputes: Opportunities and Legal Hurdles
Technology advancements have made online arbitration a viable option for non-prosecution settlement in medical dispute situations. The possibility of online mediation as a non-prosecution option in clinical question situations is investigated in this study. The findings demonstrate that web-based intervention as a non-prosecution resolution option in medical dispute cases reflects information technology advancements, the necessity for quick and accurate settlement of medical disputes, and the desire to reach a mutually beneficial agreement between the parties. Cooperation between the Indonesian Public Discretion Board and the Indonesian Specialists Relationship is necessary to create a remarkable notion about internet assertion for clinical questions in Indonesia. Compared to traditional courtroom litigation procedures, online arbitration provides a quicker and more effective resolution. However, Indonesian laws and regulations do not currently control online arbitration, thus its use in settling medical disputes requires explicit and extensive requirements.
In Indonesia, medical practice entails working together between physicians and dentists to treat patients. Principles like Pancasila, scientific principles, benefits, justice, humanism, balance, and patient safety and protection must all form the foundation for the application of medical practice. Patients must provide their informed permission, and two legal relationships exist between a patient and a doctor: the statutory relationship and the therapeutic contractual connection. In addition to legal protection, payment, and getting all the information they need from patients, doctors also have duties. Patients have rights, including the ability to refuse medical operations, select a different doctor's viewpoint, and get a thorough explanation of the procedures. Medical conflicts, which involve transgressions of medical ethics, mistakes in medical treatments, and insufficient information regarding dangers and treatment alternatives, frequently result from patients' dissatisfaction with healthcare services. To find equitable solutions, mediation or arbitration procedures are frequently used.
Medical disputes can result from several things, such as medical professionals acting outside of established guidelines or standards, inadequate patient-doctor communication, divergent views on what constitutes malpractice, patient expectations and treatment results, false information shared on social media, and dwindling ethical standards in the field. Non-litigation techniques like arbitration, consultation, mediation, conciliation, and expert evaluation can be used to resolve medical disputes. Online arbitration is a cutting-edge method that makes use of information technology to provide a quick and adaptable solution for medical dispute resolution. However, because Internet arbitration is not expressly regulated by Indonesian law, there is legal ambiguity around its application and enforcement. Clear and comprehensive laws are required to fully realize the promise of online arbitration in the resolution of medical disputes. Technical protocols, data privacy considerations, decision-enforcement mechanisms, and arbitrator selection in online arbitration should all be included in these changes.
- Cooperation between medical and legal institutions is essential to establish comprehensive online arbitration frameworks.
- Indonesian law currently lacks clear regulations for online arbitration in medical cases.
- Online arbitration offers quicker, more effective resolution for medical disputes compared to traditional litigation.
