Research On Legal Issues Of Digital Medical Applications (APP)

In China,Internet medical treatment is also known as digital health,a more common term which is invented in Chinese context.In this paper,the author is inclined to use digital health.With digital medical treatment,patients can directly monitor their personal health status and can effectively manage chronic diseases instead of having to go to the hospital.However,unlike financial services industries with decades of experience in process automation,such as ATM and online banking,digital health involves public safety and health,so more attention should be paid to safety.Current academic researches are mainly concentrated on the medical system while there are few studies about legal issues of digital medical treatment,such as the main access,legal status,legal risks and how to supervise.Therefore,the author will discuss the legal issues of digital medical applications in four aspects:The first part takes stock of the basic legal theory of the digital medical applications,including the analysis of the concept,structure and model as well as examines the characteristics of digital health through comparing with the traditional medical health.The second part looks at the legal subjects in the digital medical applications,such as doctors,medical institutions,drug operators and platform operators.Then the legal nature and responsibility of the platform operators are analyzed,containing review of obligations,doctrine of liability fixation and joint responsibility.The third part investigates the legal issues of digital medical applications,including the main access and supervision are not strict,electronic medical records and electronic signatures can't be easily proved,payment mechanism is immature and privacy protection and network security need to be strengthened.The fourth part discusses the legal supervision and system improvement of digital medical applications,summarizing the current situation at home and abroad,drawing lessons from the experience of foreign countries like the USA,the EU and Japan and putting forward some suggestions to improve our relevant system.