The Study On Civil Liability Of Telemedicine

In 1986,Guangzhou Ocean Shipping Company carried out a telegraph transatlantic consultation for emergency crews of ocean-going freighters which was the earliest telemedicine activity in China.With the rapid development of the Internet,information and communication technologies,the application of telemedicine technology in China is becoming more and more mature.As a country with a vast area,a large population and large regional differences in economic,technological levels and quality of medical services,China urgently needs a development and a promotion of technologies of remote collaborative diagnosis and treatment to promote the rational allocation and sharing of medical and health resources,to improve the efficiency of resource utilizing and overall benefits.At the same time,issues related to legal responsibility have caused people to think.The telemedicine problem involves many disciplines such as law,medicine,computers,and networks.To discuss the issue of legal liability,the main point is to start from the perspective of law.Firstly,it is necessary to clarify the related concepts and development of telemedicine.Secondly,it discusses the differences between traditional medical care and internet health care,and then analyzes the legal relationships between various subjects,such as the legal relationship between the invitational medical institution and the patient,the legal relationship between the invitational medical institution and the invitee medical institution and the relationship between the invitee medical institution and the patient.Then clearly define the responsibility for the liability principle,constitutional elements,responsible parties,and responsibility distribution.Finally put forward four aspects of the proposal about improving the duty of care of the medical institutions and medical personnel,improving medical duty of medical staff,perfecting the telemedicine in patients' informed consent and privacy protection,last but not the least,the legal responsibility of telemedicine.