Formulation of Alternative Medical Dispute Resolution Models in Telemedicine Services in Hospitals

Abstract

The purpose of this article is to analyze the forms of medical dispute resolution in hospitals that can be taken and the most ideal for resolving them for the disputing parties. Remote medical services or what is called telemedicine in Indonesia have several methods including applications, video-conferencing to teleradiology. Although it seems that it is still relatively new, actually it has been known since around 1990, namely by telephone. However, telemedicine services do not yet fully have a clear and definite legal umbrella. Technology is growing and health services are required to be able to adapt to it, including in hospitals. Various factors influence the emergence of medical disputes in telemedicine services in hospitals so it is unavoidable and increasingly diverse. The research in this article uses normative juridical research. The results of the study indicate that medical solutions within the scope of telemedicine do not yet have a definite legal umbrella and referral. The forms and types of medical disputes in hospitals determine the solutions that can be taken to achieve legal certainty that still pays attention to the principle of patient safety. In resolving medical disputes as evidenced by the Indonesian Health Mediation Institute, it is 60-80% more effective using non-litigation methods. Thus, it is possible to resolve telemedicine medical disputes alternatively with mediation carried out remotely, or called ODR (Online Dispute Resolution).