Research On The Legal Issues Of Telemedicine In China

In recent years,with the rapid development of Internet and big data,telemedicine is also developing rapidly.By the end of 2014,57.43%of 249 public hospitals be surveyed had conducted telemedicine services.According to the survey,the proportion of tertiary hospitals is 61.98%,and the proportion in secondary hospitals is 42.11%.The distribution features are higher than middle and western hospitals in the eastern part of the tertiary hospital,and higher in the western and eastern part of the secondary hospitals.Today,the proportion of hospitals that carry out telemedicine has increased.Telemedicine can balance medical resources,promote local medical level,and help alleviate the current situation of medical resources in China.At the same time,telemedicine can reduce the cost of medical treatment,alleviate the economic pressure brought by diseases,save more social resources,and play an important role in promoting health reform.This paper analyzes the legal problems existing in telemedicine from the aspects of the concept,legal relationship,rights and obligations,attribution principle and legal liability of telemedicine.First,in the concept of telemedicine,two groups of concepts were discriminated.The first set of telemedicine,mobile medical,Internet,by comparing the difference between the three kinds of new medical model,the analysis of remote medical treatment dispute,a clear definition of the concept of telemedicine.The second group is the concept of health consultation and diagnosis and treatment.In contemporary medical model relies on the Internet,both sides is the clinical activities or health consulting,is directly related to the nature of the legal relationship and the rights,and obligations of both sides,through the analysis of existed in the intersection of two concepts,and border,is helpful to choose suitable legal relationship.Secondly,combining with the different diagnosis and treatment,concrete analysis of remote medical order,cause of legal relationship,clear the applicable law in the telemedicine,the controversial issues,such as remote legal relation between hospital and patients with proximal and distal hospital hospital,illustrates the relationship between.At present,the rates high in the remote medical treatment is not laws and regulations,there is some more who planning commission issued notice,comments,some provinces and cities have local files,but because of its legal status is low,can not be taken as the basis of trial.Therefore,it is necessary to find corresponding and reasonable legal relationship in our existing laws.Third,rights and obligations.The rights and obligations are the core issues in the law,and the telemedicine involves three subjects,namely,the medical party,the patient and the third party.As a vulnerable group in the medical service relationship,the rights of the affected party should be emphasized,including the right of informed consent and the right of privacy.For the medical side,the main discussion is on the medical care obligation and the duty of care,because these two obligations are different from the obligations in the traditional diagnosis and treatment mode,which requires special attention.In addition,due to the particularity of the platform of telemedicine,the legal disputes involving third parties will be increased,and the rights and obligations of third parties should be paid more attention in remote medical treatment.Finally,legal responsibility is the foothold of the whole telemedicine.If there is no legal liability,the violation cannot be punished,and all the rules and regulations will become a dead letter.