Medicine and Law in the Times of COVID-19 Pandemic: Understanding the Interphase

Kumar, Arun; Kapila, Munish; Pankaj, Ritu

doi:10.5005/jp-journals-10071-23553

Cited by 3 publications

(4 citation statements)

References 8 publications

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“…18,19 In Indonesia, medical personnel also need legal protection from a patient's dishonesty. 20 The ethics committee requires legal interpretation flexibilities on health service providers to avoid potential ethical dilemmas among medical personnel and patients on COVID-19 management.…”

Section: Discussionmentioning

confidence: 99%

Ethicomedicolegal aspects of the COVID-19 health services in preparing regulations and intermediaries for clinical dispute resolution: a systematic review

et al. 2022

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BACKGROUND The COVID-19 pandemic has caused many medical, ethical, and medicolegal changes, including constant adjustments in service guidelines. Continuing to revise healthcare regulations and guidelines can potentially cause clinical disputes or medical negligence that require ethical and legal solutions. This study aimed to determine the ethical and medicolegal aspects of the potential factors that cause clinical disputes during the pandemic and provide anticipative solutions to national ethicomedicolegal policies. METHODS A systematic literature search in PubMed, ScienceDirect, ClinicalKey, and Google Scholar was performed using keywords “clinical dispute,” “ethics,” “medicolegal,” “ethicolegal,” and “COVID-19”. The inclusion criteria were articles that contained information on shortage, justice, ethical distribution in intensive care, the possibility of lawsuits and disputes among stakeholders during the pandemic, and stakeholders’ roles in managing the pandemic. Key evidence was analyzed and synthesized following national ethicomedicolegal policies. RESULTS We identified 19 articles from the 4 databases. Based on the literature, the main ethicomedicolegal impact of the COVID-19 pandemic appears in 3 aspects: (1) a shortage of fair and ethical intensive care services with fair and ethical distribution efforts, (2) legal protection for medical personnel from legal charges while providing health services during the pandemic, and (3) the government’s role in managing the pandemic together with the stakeholders involved. CONCLUSIONS Ethicomedicolegal clinical dispute management and its norms require an update, especially when deciding the complexity of COVID-19 service standards. Ethicomedicolegal professionals are needed as intermediaries to manage cases of clinical disputes and to implement fair malpractice criteria in Indonesia.

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Section: Discussionmentioning

confidence: 99%

Ethicomedicolegal aspects of the COVID-19 health services in preparing regulations and intermediaries for clinical dispute resolution: a systematic review

et al. 2022

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“…During the COVID-19 pandemic, the fear of inviting the wrath of government agencies or litigation on not following the treatment guidelines (96,97) could have significantly increased the antipyretics prescriptions even for uncertified conditions. Many times, the detection of fever would have caused treatment delays and incorrect patient management under different clinical contexts (98).…”

Section: Need Of More Context Clarifying Remarks In Medicalmentioning

confidence: 99%

“…Lack of clear guidelines and the legal framework for the protection of patients and physicians during pandemics: Pandemics require clear, concise, evidence-based, precise guidelines along with a foolproof legal framework that ensure the protection of patients and physicians ( 95 ). During the COVID-19 pandemic, the fear of inviting the wrath of government agencies or litigation on not following the treatment guidelines ( 96 , 97 ) could have significantly increased the antipyretics prescriptions even for uncertified conditions. Many times, the detection of fever would have caused treatment delays and incorrect patient management under different clinical contexts ( 98 ).…”

Section: Introductionmentioning

confidence: 99%

Potential for Further Mismanagement of Fever During COVID-19 Pandemic: Possible Causes and Impacts

2022

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Fever remains an integral part of acute infectious diseases management, especially for those without effective therapeutics, but the widespread myths about “fevers” and the presence of confusing guidelines from different agencies, which have heightened during the coronavirus disease 2019 (COVID-19) pandemic and are open to alternate interpretation, could deny whole populations the benefits of fever. Guidelines suggesting antipyresis for 37.8–39°C fever are concerning as 39°C boosts the protective heat-shock and immune response (humoral, cell-mediated, and nutritional) whereas ≥40°C initiates/enhances the antiviral responses and restricts high-temperature adapted pathogens, e.g., severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), strains of influenza, and measles. Urgent attention is accordingly needed to address the situation because of the potential public health consequences of the existence of conflicting guidelines in the public domain. We have in this article attempted to restate the benefits of fever in disease resolution, dispel myths, and underline the need for alignment of national treatment guidelines with that of the WHO, to promote appropriate practices and reduce the morbidity and mortality from infectious diseases, such as COVID-19.

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“…The more health professionals that contracted COVID-19 and died, the higher the risk of infection. Inadequate usage of personal protective equipment (PPE) is thought to be one of the triggers (Kumar, Kapila, and Pankaj 2020).…”

Section: Indonesian Health Workers' Occupational Health and Safety Protection Efforts In The Face Of The Covid-19 Pandemicmentioning

confidence: 99%

Medical Safety Legal Protection Based on Hospital Law in The Covid 19 Era

Sylvana¹,

Utomo

2021

jiss

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In Indonesia, the Covid-19 pandemic is entering a critical period. Health workers are a profession that is on the cutting edge of the fight against Covid-19. In these circumstances, health workers may have to put their lives on the line to safeguard the public from the development of the Covid-19 pandemic. The discussion's findings suggest that the legal protection of health workers' workplace safety as a result of the Covid-19 outbreak has not been properly applied, as required by law. During the Covid-19 pandemic, the rights of health professionals were still being ignored and not being met. As a result, the worldwide government's role and obligations are required to ensure that health professionals' rights as frontline responders to the spread of Covid-19 in Indonesia are respected. However, in fact, misunderstandings that lead to mediation are still common in the sphere of injustice, as are cases-certain bad cases 2 that could result in a repeat of events since there is no protective force or penalty that would prevent a person from behaving as a victim. In this study, the legal method adopted was normative legal research. The findings reveal that medical personnel's legal protection and right to safety have been regulated by legislation. These provisions, on the other hand, do not address the possible consequences of the Covid-19 virus spreading.

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Medicine and Law in the Times of COVID-19 Pandemic: Understanding the Interphase

Cited by 3 publications

References 8 publications

Ethicomedicolegal aspects of the COVID-19 health services in preparing regulations and intermediaries for clinical dispute resolution: a systematic review

Ethicomedicolegal aspects of the COVID-19 health services in preparing regulations and intermediaries for clinical dispute resolution: a systematic review

Potential for Further Mismanagement of Fever During COVID-19 Pandemic: Possible Causes and Impacts

Medical Safety Legal Protection Based on Hospital Law in The Covid 19 Era

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