Legal Implications and Considerations of Evidence Based Medicine in Prescribing Medications by Doctors with An Ethical Dilemma Related to The Ethical Principles of Autonomy

  ABSTRACT : Doctors are a profession that in practice is inseparable from law and ethics. Ethical guidelines guide doctors to work well in providing both prevention, treatment and care services. Drug prescription is a service provided to the community as an effort to realize a healthy and quality life. Evidence-Based Medicine is an effort by doctors to provide appropriate treatment to patients. As an effort to fulfill the patient’s right to receive appropriate treatment and care according to indications. In this regard, doctors can face ethical dilemmas if the patient’s desire to receive treatment is not in accordance with the standard and purpose of treatment, so that it can prevent legal implications by making the right decision. This makes doctors always work with caution in accordance with medical disciplines and standard operational procedures. The method used by the author in this research is a normative legal research method using reference sources from applicable laws and regulations. The research results show that the existing legal regulations in Indonesia relate to the administration of drugs that have gone through pre-clinical testing and clinical trials in accordance with EBM principles to provide health services according to standards as a fulfillment of patient rights as part of human rights. This is explicitly seen in various regulations in the form of laws, namely in the Indonesian Health Law, as well as in various regulations issued by health departemnt as well as rules and codes of ethics for the medical profession.

KEYWORDS: ethical dilemma, autonomy, legal considerations, EBM, standard operating procedures