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Doctors apologize for patient'€™s death

Three doctors acquitted by the Supreme Court from charges of malpractice have apologized to the family of Julia Fransiska Makatey, their patient, who died at Kandou Hospital in Manado, North Sulawesi in 2010

The Jakarta Post
Jakarta
Fri, February 14, 2014

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Doctors apologize for patient'€™s death

T

hree doctors acquitted by the Supreme Court from charges of malpractice have apologized to the family of Julia Fransiska Makatey, their patient, who died at Kandou Hospital in Manado, North Sulawesi in 2010.

The doctors, Dewa Ayu Sasiary Prawani, Hendry Simanjuntak and Hendy Siagian, said they did their best to save Julia, but to no avail.

Julia died of a heart embolism during a Caesarean section.

'€œWe apologize to Julia'€™s family; we didn'€™t intend to neglect her. We just want the public to know that doctors are not gods and that we always try our best to save people,'€ Hendry said in a press conference at the Indonesian Doctors Association (IDI) on Thursday.

Initially, the Manado District Court found Ayu, Hendry and Hendy not guilty of malpractice in 2010, but then the Manado Prosecutor'€™s Office filed a cassation appeal with the Supreme Court.

In its ruling on Nov. 8 last year, the Supreme Court accused the three of violating Article 359 of the Criminal Code for negligence resulting in death, and ordered them to be jailed for 10 months. The article carries a maximum sentence of five years'€™ imprisonment.

Later, however, the Supreme Court'€™s justices '€” Surya Jaya, Saripudin, Margono, Maruap Pasaribu and Mohammad Saleh '€” acquitted them of all charges after reviewing the case.

The panel concluded that the doctors had not violated standard procedures in handling the Caesarean, saying they agreed with the lower court'€™s initial acquittal.

Head of the IDI'€™s legal division, Nazar, said the apology would help to restore their reputations.

'€œIt is sometimes really hard for us to rebuild our reputations. I hope this will not set a bad precedent,'€ Nazar said.

Hendry, who spent two months in jail, said that once a doctor was accused of neglecting patients, it
resulted in ongoing trauma.

Ayu said the case was a reminder to the government and the House of Representatives for the need for stronger legal protection for healthcare professionals.

'€œThe current Criminal Code has given us reason to feel afraid when treating patients because there is always a chance someone may accuse us of malpractice,'€ she said.

Ayu called on law enforcement agencies to only apply the Medical Practice Law or Health Law when handling cases involving the work of doctors.

Recently, the Indonesian Doctors Union (DIB) filed a judicial petition against the 2004 Medical Practice Law at the Constitutional Court in a bid to provide doctors with better legal protection. (gda)

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