Omni under fire again as a plaintiff reports negligence

Omni under fire again as a plaintiff reports negligence

Prodita Sabarini and Andra Wisnu, The Jakarta Post, Jakarta | Headlines | Thu, June 11 2009, 1:13 PM

Omni International Hospital is once again under fire, with a mother claiming her son was blinded after receiving treatment in the hospital's incubator.

Juliana Dharmadi, a mother of twins, has reported doctors at the hospital to the Jakarta Police for alleged negligence over the incident.

Prominent lawyer O.C. Kaligis, who is representing libel defendant Prita Mulyasari with defamation charges involving the Tangerang hospital, will also represent Juliana in this case.

Kaligis said he chose to represent Prita and Juliana because medical malpractice cases in Indonesia have been difficult to tackle.



Public outcry against Omni International Hospital erupted in the wake of Prita's case, with the House of Representatives summoning the directors of the hospital and demanding they withdraw all charges against Prita.

"They *Prita and Juliana* represent many victims of malpractice", Kaligis said.

Juliana said she gave birth to premature twins at Omni International Hospital in May last year. Her sons developed an eye condition known as retinopathy of prematurity (ROP) which many medical institutions, including one in Australia, claim was due to high levels of oxygen in the incubators. One of the twins now has a detached retina and is blind.

A legal representative from Omni International Hospital said she had not heard about Juliana's claim against the hospital.

Head of the YPKKI, an NGO focusing on health services and consumers, Marius Widjajarta, said his organization had received 540 malpractice reports from Jan. 1999 to Nov. 2008 but none has reached court.

"We solved most of the cases through simple mediation," he said.

In Indonesia, the legal system becomes complicated when involving malpractice or medical cases.

The commonly stated, basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient.

Despite the presence of the 2004 Medical Practice Law and 1992 Health Law, which define medical malpractice, there is no single, concise definition. When a case makes it to court, it usually is tried as negligence or accidental injury.

Sudaryatmo, from the Indonesia Consumer's Foundation (YLKI), said patients alleging malpractice involving medical services should report their case to either the Indonesia Disciplinary Council for Doctors (MKDDI) or the Council of Doctor's Ethics under the Indonesian Doctors' Association (IDI) to lodge a civil law suit or report the doctor to the police for criminal offenses.

Health expert Handrawan Nadesul said the problem with health care in Indonesia was that it had transformed into a medical industrial complex, a term referring to a health industry composed of enterprises including doctors, hospitals, insurance companies, drug manufacturers and banks, among others.

"Health care should be a non-profit venture. When profits are sought, the focus shifts away from service onto money," he said.

source : http://www.thejakartapost.com/news/2009/06/11/omni-under-fire-again-a-plaintiff-reports-negligence.html