Informed Consent Reconstruction In Dynamic Endovascular Surgery

The development of medical technology, especially in dynamic and complex endovascular surgical procedures, requires an update in the informed consent mechanism so that the protection of patient rights and the legal certainty of doctors are maintained. This study aims to: (1) analyze the positive legal regulations in Indonesia related to the validity of informed consent in dynamic medical procedures, especially endovascular surgery; and (2) formulate a reconstruction of the informed consent model that is in accordance with the principles of legal protection and the dynamics of endovascular surgical procedures according to the perspective of normative law. The research method used is normative legal research with a statutory, conceptual, and case approach, as well as descriptive-analytical data analysis based on primary, secondary, and tertiary legal materials. The results of the study indicate that regulations in Indonesia, such as Law Number 36 of 2009 concerning Health and Permenkes Number 290/Menkes/Per/III/2008, have regulated the importance of informed consent, but are still static and have not accommodated the need for adaptive consent to intraoperative changes in endovascular surgery. The absence of technical regulations for dynamic consent means that legal protection for patients and legal certainty for doctors are not optimal. This study recommends the reconstruction of the informed consent model based on dynamic consent or layered consent, namely consent that is layered and adaptive, supported by two-way communication and comprehensive documentation.