Research On The Tort Liability Of Mobile Heath

Mobile Health is the online medical service by which doctors can provide consultation and advice for patients in their spare time.Different from the traditional treatment method,the use of internet has broken the limitation of space and time between doctors and patients,and the medical service can be provided anytime and anywhere.By means of Internet platform,the Internet operator combines doctors with patients in the “Internet plus medical treatment” industry pattern.However,infected by the limitation of Internet environment and both parties,misdiagnosis,the delayed diagnosis and disclosure of privacy may occur under this pattern,and the Internet operator also plays a role in the whole process.Many problems,such as specific contents of mobile medical obligation and treatment norms;the obligation difference between mobile health and policlinic;imputation principle and burden of persuasion about mobile health should be considered.Comparing the difference between traditional medical treatment and mobile treatment,and combing the emerged judicial decision,this paper analyzes the problems about the service items of mobile health,the concerned parties and tort damage liability constitution.Meanwhile,by analyzing the problems which has emerged in the traditional treatment,such as the ethical liability,medical technology damage liability and medical product damage liability,this paper discusses the problems concerned tort damage liability of mobile health and put forward the solutions.In the era of Internet,the pattern of mobile health plays an important role in balancing medical resources.The research on the tort liability problem about mobile health service can clearly define the right and liability between the Internet operator,doctors and patients,stimulating the initiative of all parties,making the rights and liabilities more clear,improving the legalization development of mobile health,and providing the effective methods for patients to protect themselves.