"If such a fear of criminalization spreads, we worry that doctors will no longer be available to treat patients on an emergency basis. They would be afraid of being jailed, if the patient died," Chairman of Indonesian Obstetrics and Gynecology AssocJakarta (ANTARA News) - 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 here on Wednesday. The participants wanted the court to reconsider a recent verdict convicting their colleagues Dr Hendry Siagian, Dr Dewa Ayu and Dr Hendry Simanjuntak 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 hospital for emergencies," said Chairman of Indonesian Obstetrics and Gynecology Association Nurdadi Saleh.
From a broader perspective, Saleh noted, the rally had also addressed the issue of the effect of improperly handling criminal cases of malpractice as this could set a bad precedent. Every time a patient dies, the doctor treating him would get sued or jailed.
"If such a fear of criminalization spreads, we worry that doctors will no longer be available to treat patients on an emergency basis. They would be afraid of being jailed, if the patient died," Saleh added.
The doctors undertook the rally following a recent incident in which the family members of a patient, Julia Fransiska Makatey (26), sued her three doctors for malpractice. Makatey had died in the operating theatre after undergoing a Caesarean section, according to the Indonesian Obstetrics and Gynecology Association data.
The doctors had agreed to conduct a Caesarean when they realized Makateys fetus was in distress. Makatey had been transferred from a community health center to the Kandou Hospital in Manado, North Sulawesi, but showed no progress over the course of eight hours. The team of doctors succeeded in saving the child, but Maketey remained in critical condition. She later passed away.
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 10 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. (*)
Editor: Heru Purwanto
Copyright © ANTARA 2013
