Research On Tort Liability Of Telemedicine

In recent years,with the use of network communication technology in different fields,new medical services such as telemedicine have emerged.Telemedicine has helped to improve medical quality and efficiency,reduce unnecessary movement of people,and break geographical restrictions on medical behavior.It has become one of the rapid development directions of medical circles in various countries.Telemedicine brings convenience and breaks through the traditional doctor-patient relationship.The use of network communication technology in the medical field has also added risks to telemedicine.At present,because telemedicine is not popular in China,the laws and regulations in this area are not perfect,and there are few related studies in the theoretical circles of law.This paper analyzes the source of remote medical infringement liability,responsibility identification and commitment from the perspective of telemedicine concept,subject and legal relationship.The main contents of the paper are as follows:The first chapter summarizes the research significance and background of the topic selection,summarizes the research status of the domain and internal and external scholars,and proposes the research methods,innovations and difficulties of the article.The second chapter describes the legal basis of telemedicine.First,analyze the telemedicine concept and analyze it with mobile medical,Internet medical and traditional medical behavior.Secondly,analyze the legal relationship between different subjects involved in telemedicine.To clarify the legal relationship between the near-end hospital and the patient,between the proximal hospital and the remote hospital,and between the remote hospital and the patient,it is necessary to distinguish the telemedicine behavior from the direct telemedicine behavior and the indirect telemedicine behavior.An overview.The third chapter analyzes the internal and external related cases of telemedicine,and analyzes the particularity of telemedicine and the legal problems it brings.The fourth chapter discusses the identification of telemedicine tort liability.First,discuss telemedicine behavior,telemedicine data,and the risk of infringement caused by telemedicine products.Secondly,from the subject of remote medical infringement,the principle of imputation,and the determination of causality,the problems in the identification of telemedicine infringement liability are analyzed.Finally,the fault identification criteria of telemedicine behavior are analyzed,and the understanding of the connotation of the standard is emphasized.Analyze the content of the duty of care and consent in telemedicine,as well as the factors that affect the establishment of liability for telemedicine faults,including reliance interests and allowable risks.The fifth chapter analyzes the commitment and improvement of the responsibility of telemedicine infringement.First of all.Based on the above analysis,the authors discuss the commitment of the infringing entities in telemedicine to the responsibility of telemedicine infringement,and deeply analyze the commitment to the remote medical infringement liability between the near-end hospital and the remote hospital.Secondly,it puts forward suggestions for improving the relevant regulations on telemedicine tort liability.Relevant departments should add corresponding chapters in medical and health legislation for telemedicine behavior.