DILAN PSEUDO FACULTY OF LAW UNIVERSITY ELEVEN MARETMALPRACTICE LAWSUITThe hearing Friday, June 12, 2015 Room Attendant The Tribunal Judge entered the courtroom, attendees were asked to stand. Once the judge is seated, the attendees are welcome to sit back. Chief Justice Moot Court judge: Faculty of Law, eleven Maret University that examine and prosecute criminal cases Number 365/Criminal/2012 Faculty of Law, University Eleven Maret, on behalf of dr Dewa Ayu Sasiary Prawani (defendant I), Dr. are Handry Simanjuntak (the defendant), and Dr. Hendy Siagian (Defendant), was opened and open to the public. (Tap the hammer three times). JPU: brother of the defendant, the welcome sign in the proceedings (the defendant in a State free and accompanied the ruling power and then sitting in a Chair that had been prepared). Judge: For brother Ipda Natasha Olga as a representative of the police are welcome to read out Event Pemeriksaannya File, is it ready? Police: Yes bu the judge. Police: the defendant, dr Dewa Ayu Sasiary Prawani (defendant I), Dr. are Handry Simanjuntak (the defendant), and Dr. Hendy Siagian (Defendant) on 10 April 2010, at 22: 00: 00. It is housed in the operating room of General Hospital Prof. Dr. R. D Kandouw Malalayang Manado city. The defendants have done the demise of the demise of the causing forgetfulness of others namely Siska Makatey. Committed the defendant in the following way:That the defendant as doctors carry out operations Cito Secsio Sesaria against Makatey, Siska victims the defendant was negligent in dealing with the victims at the time were still alive and the time of execution of the operation against the self sacrifices occur air emboli enter into the right heart Chambers that inhibit the blood went into the lungs so that the heart function failure occurred. Based on these investigations, found evidence of the following:1. A letter of pernyatan has been treated 2. The operating Report 3. The report's observation that labor Siska Makatey 4. Klinical Patway 5. the final Diagnosis 6. special measures agreement Letter 7. main Anamnesis Siska Makatey 8. midwifery Anamnesis Siska MakateyVisum et Repertum 9.Judge: Well next to the public prosecutor read out the charge please, is it ready?JPU: Yes bu the judge. JPU i: Upon news of the proceedings has been recited in the police, the public prosecutor demanded the party defendant:That at the time and place as the above, dr DEWA AYU SASIARY PRAWANI (Defendant I) as the doctor who did the surgery assisted Dr. HENDRY SIMANJUNTAK (Defendant II) and Dr. HENDY SIAGIAN (Defendant III) as an Assistant operator that help the course of operations. The defendant was a doctor at the hospital, Prof. Dr. r. d. Kandou Manado who did CITO SECSIO SESARIA operation against victims of SISKA MAKATEY. Before the operation was performed the defendants did not ask for approval on the family over the possibility that will occur in the victim's death. The victim who was in a weak State with severe disease status given high doses of anaesthetic in the absence of such supporting examination examination of the heart, chest x-rays and blood pressure, allergy victims.The Act of the Defendant as set forth and threatened criminal in Article 359 of the CRIMINAL CODE to Jis. Article 361 of the CRIMINAL CODE, article 55 paragraph (1) of the CRIMINAL CODE.That all of the defendants as the doctor in performing the surgery CITO SECSIO SESARIA against MAKATEY, SISKA victims of negligent in dealing with the victims at the time were still alive and when the pelaksaanaan operation that is an error in the memberikandan put up a fluid infusion, so air emboli enter into the right Chamber of the heart and lungs so that pulmonary function failure occurred, resulting in the failure of the function of the heart.The Act of the Defendant as set forth and threatened criminal in article 76 of the Act Number 29 of 2004 concerning the practice of medicine.JPU II: That turned out to be the victim's signature on a letter of approval and the approval of the Special Act of surgery and anesthesia submitted by Dr. HENDY SIAGIAN (Defendant) for the victims signed by different signatures with the victims who were in the Population Sign Card (ID CARD) and then Askes the card after examination by the Forensic Laboratory date of 09 June 2010 No. Lab. : 509/DTF/2011, made by each man to Drs. SAMIR, S.St. Mk., male ADHIS ARDANI, s. Amd and men MARENDRA YUDI l., SE., stating that the signatures on behalf of SISKA MAKATEY aka JULIA FRANCES MAKATEY on document evidence is the signature bouquet/"Spurious Signature".The Act of the Defendant as set forth and threatened criminal in section 263 subsection (1) of the CRIMINAL CODE Jo. Article 55 paragraph (1) of the CRIMINAL CODE.It is based upon evidence of News of the proceedings from the police force, namely:1. A letter of pernyatan has been treated 2. The operating Report 3. The report's observation that labor Siska Makatey 4. Klinical Patway 5. the final Diagnosis 6. special measures agreement Letter 7. main Anamnesis Siska Makatey 8. midwifery Anamnesis Siska MakateyVisum et Repertum 9.Judge: sauda Judge: Prosecutor civil Enough. Subsequent to the legal counsel whether the brothers are ready to read the pleadings or pledoinya?The defendant's legal counsel: Yes bu the judge.Legal Advisor I:In fact, the infusion of the drug never converted to the air because of the disposible syringe for incoming air. Next from keputusn read the witnesses read and witness can witness in education that is the possibility that it could be is primarily in the operation of labor even in the rules it says that air can enter common in neurosurgical operations by positioning the patient half-sitting could happen at a time when he was leading the air can get in, in the section on obstetrics that can often occur not only in SECTIO CESARIA but also on curettage even in case reports to an intimate relationship where the husband wears oral It could happen to the incoming air. so the possibility of air entering based on visum result could have occurred from a few things of yesteryear, the next task in this case anesthesia has been completed because the patient/victim has opened the eyes and breathing spontaneously unless when patients before tidied all then dies then is still the duty and responsibility of anesthesia and obstetrics.Based on information from witnesses, Prof. Dr. NAJOAN NAN WAROUW, SP. OG. that the defendant I (one) said: the operation towards the patient/victim has been completed and at the time of surgery done i.e. Since the first abdominal wall incision already bleed black.Legal Advisor II:Based on information from Expert Dr. ROBBY WILLAR, Sp a. that at the time the placenta came out, the blood vessels that connected with the placenta is open and air can enter from the placenta but no effect on babies since before the placenta secreted the baby was cut in/out first then baby's umbilical cord/placenta was cut.Based on information from Expert JOHANNIS f. MALLO, sh. SP. f. DFM. That infusion can cause an air emboli but small possibility and it could happen because of the venturi effect, then when is the venturi effect to occur i.e. victim died at 22: 20: 00, an infusion of 20 drops = 100 cc/min, 7: 30 p.m. performed operations, the son born by 21: 00: in this case the air already entered first and then carried out the operations, then 30 minutes before the execution of the operation there were already 35 cc air.Judge: public prosecutor civil Enough, whether civil Attorney wanted to ask Replik?JPU: bu Not the judge. We stick to our demands.Judge: That the reasons for the demands of Attorney/Prosecutor be justified because with the following considerations: Judex Facti incorrectly applied the law, because it did not consider properly the relevant things legally, before surgery is performed the defendants did not ask for approval on the family over the possibility that will occur in the victim's death. The defendant's prior conduct operations secsio sesaria cito against victims do, about the possibility that can happen against self sacrifice where negligent in dealing with the victims at the time were still alive and when the pelaksaanaan operation that is an error in the memberikandan put up a fluid drip that causes heart failure.that the signature on behalf of the SISKA MAKATEY aka JULIA FRANCES MAKATEY on document evidence is the signature bouquet/"Spurious Signature".The deeds of the defendants have causal relationships with the death of the victim Makatey Siska according the certificate from General Hospital, Prof. Dr. r. d. Kandou Manado No. 61/VER/IKF/FK/K/VI/2010, dated April 26, 2010;Considering, that before dropping the criminal will consider aggravating things and relieve;Things that weigh:The nature of the defendant's own deeds that resulted in the victim's death;Things lighten up: The defendants are being educated on the Education Program Specialist University of Sam Ratulangi Manado;The defendants haven't been convictedPay attention to Act No. 48 of 2009, Article 359 of the CRIMINAL CODE jo Article 55 paragraph (1) to-1 of the CRIMINAL CODE, Act No. 8 of 1981, Act No. 29 of 2004 and Act No. 14 of 1985 as amended by Act No. 5 of 2004 and the second amendment by Act No. 3 of 2009 as well as the laws of other invitations are concerned.JUDGEDeclare the defendants: Dr. AYU SASIARY GODS PRAWANI (Defendant I), Dr. HENDRY SIMANJUNTAK (Defendant II) and Dr. HENDY SIAGIAN (Defendant) has been proven legally and convincingly guilty of committing criminal acts "that caused the death of kealpaannya due to other people";Dropping a criminal against the defendants: dr DEWA AYU SASIARY PRAWANI (Defendant I), Dr. HENDRY SIMANJUN
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