The Faculty of Law, Universitas Gadjah Mada (FH UGM), held another Doctoral Promotion Examination on Friday (21/10). The doctoral candidate was dr. Budiman, S.H., M.S., M.Hum., a retired Functional Physician at the Ministry of Law and Human Rights (Kemenkumham) of the Special Region of Yogyakarta. His dissertation focused on the civil liability of private-practice doctors treating patients with Stevens-Johnson Syndrome, a skin disorder caused by hypersensitivity to certain medications. The condition is relatively rare. “A doctor who has practiced for 30 or 40 years may never encounter a single patient with this condition,” he explained.
In defending his dissertation, entitled “Civil Liability of Doctors to Patients with Stevens-Johnson Syndrome in Private Practice in Yogyakarta City,” Budiman explained that he was interested in the issue because Stevens-Johnson Syndrome is unpredictable and cannot be anticipated. Symptoms of Stevens-Johnson Syndrome may only appear after a patient takes medication to treat another illness, such as a fever. In some cases, instead of treating the initial illness, the medication may trigger Stevens-Johnson Syndrome, which was not detected during the initial diagnosis.
When viewed in relation to force majeure (overmacht), doctors may face a difficult dilemma when treating patients. Doctors have an obligation to prescribe medication after making a diagnosis, even though anyone may potentially develop Stevens-Johnson Syndrome. “It can be considered a force majeure because the doctor is in a dilemma: treating the patient could result in Stevens-Johnson Syndrome, while not treating the patient could also lead to the doctor being held responsible,” explained the Solo-born doctor.
In his dissertation, Budiman concluded that, first, under civil law, a private-practice doctor who treats a patient with Stevens-Johnson Syndrome cannot be considered liable because the condition constitutes a risk associated with medical treatment. Second, the private-practice doctor cannot be held civilly liable because the situation constitutes a force majeure and the doctor is not at fault. Nevertheless, as a matter of professional responsibility, the doctor should refer the patient to a hospital or another doctor who is competent to handle the case.
Having pursued two fields of study—medicine and law—Budiman successfully completed his doctoral examination with a satisfactory distinction. He became the 142nd doctoral graduate of FH UGM. (Lita/Irzi)
