Jakarta, Nov 28 (Antara) - Thousands of members of the Indonesian
Medical Association (IDI) held rallies across the country on Wednesday
to protest against the court sentencing three doctors to ten months of
imprisonment for an alleged malpractice.
The
Medical Practitioners' Association and a legal expert from the
Denpasar-based Udayana University, Made Suwardana, believe Dr Dewa Ayu
Sasiary Prawani and his colleagues Hendry Simanjuntak and Hendi Siagian
had not committed any malpractice in conducting an emergency Caesarean
section on a patient, Siska Makatey (26), at Kandouw Hospital in Manado,
North Sulawesi. Makatey later died.
"Dr Ayu has followed the medical standard operational procedures
(SOP)," IDI Chairman Dr Zaenal Abidin was quoted as saying by
detikhealth online media last week.
Before deciding to perform the surgery, Dr Ayu had asked the hospital
leadership and the patient's family for approval, he pointed out.
"Moreover, the designated doctor need not always wait beside the
patient, observing her labor, but must swing into action if the fetus
suddenly faces an emergency situation. This is already in accordance
with the standing procedures," Dr Zaenal remarked.
Suwardana expressed the same opinion. He too opined that there was no malpractice in conducting the Caesarean section.
"Dr Ayu performed the surgery based on the standard emergency
procedures of the hospital," Suwardana informed participants of a forum
on Rejecting the Criminalization of Medical Doctors' Profession in
Denpasar, Bali, on Wednesday.
Makatey died after undergoing a Caesarean section, according to the
Indonesian Obstetrics and Gynecology Association data.
She
had been transferred from a community health center to the Kandouw
hospital but showed no progress over the course of eight hours. The
doctors agreed to conduct the Caesarean section when they realized
Makatey's fetus was in distress. They succeeded in saving the child, but
Makatey remained in critical condition.
Her
family could not accept her death and sued the team of doctors. The
court held the first hearing in September 2011. The prosecutor of Manado
State Court demanded a sentence of ten months' imprisonment for the
three accused, but the judge acquitted them.
Later, the prosecutor proposed a cassation to the Supreme Court. This
was granted on September 12, 2012. Now, Dr Ayu and Dr Simanjuntak have
been jailed at Malendeng prison in Manado, while Dr Hendry Siagian is
absconding.
The Indonesian Medical Association (IDI) had called for a show of
solidarity and held a rally on Wednesday to protest against the
criminalization of the profession, with reference to Dr Ayu's case.
Thousands of doctors organized rallies on Wednesday across the country.
Cities such as Gorontalo, Medan, Bandung, Lampung, Yogyakarta, Batam
and Mataram witnessed protests against the sentencing of the three
doctors.
In Jakarta, thousands of specialist obstetricians and gynecologists
participated in a rally to object to the criminalization of their
colleagues, who had been jailed over allegations of malpractice.
The rally moved from Hotel Indonesia Boulevard to the Supreme Court.
The participants wanted the court to reconsider the verdict convicting
their colleagues of malpractice.
"We held the rally responsibly. We wished to show solidarity with our
colleagues. However, there are other doctors on stand-by in the
hospitals for emergencies," pointed out Chairman of Indonesian
Obstetrics and Gynecology Association Nurdadi Saleh.
While
meting out the sentence on Dr Ayu and his colleagues, the Supreme Court
only saw a mistake in the filling of the consent form before the
surgery operation was conducted, according to Suwardana.
"The Supreme Court did not see any mistake in the Caesarean section
conducted on the victim. Since she was in an emergency situation, the
team of doctors were forced to take immediate action," Suwardana said.
He asserted that Dr Ayu, as a medical professional, had followed the
medical standard operational procedures of the hospital while attending
to the patient.
He was supported by Professor Dr Kornia Karkata, who argued that Dr Ayu
had taken the correct medical action in the face of the emergency
condition.
He cited, as examples, a number of conditions that can cause an
emergency situation. One such condition is a technical disturbance in
the power supply. Patients face fatal risks during surgery under such
conditions. "Should doctors be blamed if such a technical problem
occurs, where the patient suffers serious blood loss and dies?" he
asked.
Karkata said that if Dr Ayu's case became an example of a doctor's
malpractice, it would set a bad precedent that would impact the medical
profession. Doctors would choose patients based on their autonomy. "If
that happens, many patients will be victimized."
This is contrary
to the commitment doctors should exhibit. Moreover, all doctors intend
to practice this profession and carry out their noble tasks based on
their oaths, he added.
Sabas Sinaga, the lawyer of the three convicted doctors, has called on
the Supreme Court to reconsider its decision through a judicial review.
"We filed a judicial review request last April, and the Supreme Court
has received it. We hope it will give priority to the request and
decide based on the law and on conscience," Sinaga noted at the Supreme
Court building on Wednesday.
As a result of the criminalization of the three doctors in Manado,
North Sulawesi, many doctors have rejected patients in emergency
conditions for fear of being jailed, he added.
"We hope that the three doctors will be absolved. If not, it will harm
the interests of the people (patients)," Sinaga said.
Therefore, Health Minister Nafsiah Mboi has asked for a speedy process
of the judicial review. "We hope the Supreme Court will process the
judicial review quickly so that the case becomes clearer," the minister
stated at a press conference.
She explained that she would not intervene in the process but was ready
to offer assistance, for instance, by providing medical experts as
witnesses in the case, if required. "Our task would be to provide a
technical explanation with regard to the medical aspects so that the
Supreme Court can give as fair a ruling as possible," she said.
The minister has also asked for a suspension of the detention of the
accused, so they can continue to carry out their duties.
"During the judicial process, we hope these doctors will be allowed to
carry out their duties. I guarantee they will not abscond," she
stated.***4***
(T.A014/INE/o001)
Edited by INE
(T.A014/A/BESSR/O. Tamindael) 28-11-2013 13:05:4 |
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