Legal Protection Of Patients With Retinal Detachment as an Ophtalmic Emergency: A Case Study at Pasar Rebo Hospital Jakarta

Abstract

Retinal detachment is an ophthalmic emergency that may lead to permanent blindness if not treated promptly. Early surgical intervention within 24–72 hours is crucial to preserve visual function. However, in several public hospitals in Indonesia, emergency ophthalmic treatment may be delayed due to administrative procedures and surgical waiting lists associated with the national health insurance system. This study analyzes (1) the forms of legal protection provided to patients with retinal detachment emergencies and (2) the legal responsibilities of medical personnel and hospitals in handling such cases at Pasar Rebo Hospital, Jakarta. This research employs an empirical legal research method with a descriptive-analytical approach. Data were collected through interviews with ophthalmologists, patients, and hospital management, as well as through document analysis of relevant regulations, including the Indonesian Health Law No. 17 of 2023, Minister of Health Regulations, and the Indonesian Medical Code of Ethics. The findings indicate that preventive legal protection is implemented through rapid assessment procedures, informed consent, and clinical examination facilities. However, corrective legal protection remains weak due to administrative delays related to the Indonesian’s National Health Insurance (BPJS) referral system and limited surgical capacity. These delays may result in permanent macular damage and visual impairment. Medical personnel are responsible through the principle of duty of care and compliance with professional standards, while hospitals bear institutional responsibility under the concept of vicarious liability. This study concludes that although legal regulations regarding patient protection already exist, their implementation in emergency ophthalmic services remains suboptimal. Strengthening hospital emergency systems and improving administrative procedures are essential to ensure effective legal protection and patient safety in retinal detachment cases.