Indonesian Consumers Foundation (YLKI) told a hearing on Wednesday that defendant Prita Mulyasari reserved the right to file complaints against poor services she experienced at Omni International Hospital.
YLKI's complaints division chief Sudaryatmo, who appeared as an expert witness in Prita's trial, said the hospital should have responded to its patients' complaints as constructive feedback rather than taking legal action against them.
"It would be more elegant for the hospital, as a business entity, to apologize and even present tokens of appreciation to patients who file complaints about its services," Sudaryatmo told the hearing at Tangerang District Court
Referring to Article 4 of the 1999 Consumers' Protection Law, he said as consumers patients have the right to obtain information from hospitals as a health care service providers.
"Omni Hospital should see consumer complaints as feedback to be used to direct the future progress of the hospital company," he said.
Patients even have the right to demand compensation from hospitals as service providers, as well as its doctors as professional service providers, if they feel their rights have been violated, he said.
Prita did the right thing by lodging her complaint with the hospital initially before writing her complaints to her friends using the Internet, Sudaryatmo said.
"Consumers can file complaints to non-governmental organizations championing consumer rights, such as LPKSM and YLKI, if they feel their complaints have fallen on deaf ears," he said.
Consumers can also file complaints to the Consumer Dispute Protection Agency (BPSK), or the National Consumer Protection Agency at the Trade Ministry.
Prita, a mother of two, was treated at Omni Hospital in August last year, where, after blood tests, doctors said she had to be admitted.
When her condition did not improve, Prita sought a second opinion from Bintaro International Hospital and later sent an email to several of her friends, explaining what had happened at Omni.
For this, prosecutors accused her with defamation.
Prita was detained at Tangerang Women's Penitentiary for three weeks until a public outcry forced authorities to suspend her detention to house arrest.
Commenting on Sudaryatmo's statement to the court, prosecutor Riyadi said it had nothing to do with the material in the case because the expert referred to consumer protection law.
"The case material should refer to the law on health, and this was not mentioned in the expert's statement," he said.
Presiding judge Arthur Hangewa postponed the hearing until next Wednesday to hear the defendant's statement.
