Inspanningverbintenis Versus Resultaatsverbintenis: Therapeutic Transactions in Medical Services in Indonesia

Abstract

The patient's expectations for a cure from their disease takes great demands on the doctor's profession, where patients and families often demand certain positive results for the health services provided, while the therapeutic agreement between the doctor and the patient in health services is inspanningverbintenis where the agreement agreed is the best effort made by doctors regarding therapeutic management without promising definite final results. This concept is supported by amenable laws in Indonesia as stated in the Health Law and the Civil Law. However, the gap in understanding of this concept creates gaps that can give rise to demands. Understanding this concept requires good and intense communication to straighten out differences in the doctor's and patient's perceptions regarding the ongoing therapeutic contract where the doctor adheres to the inspanningverbintenis concept and the patient with their expectations adheres to the concept of resultaatsverbintenis so that confusion of expectations can be minimized.