Research On Liability For Damages In Telemedicine

In recent years,with the continuous development of Internet technology,Internet technology has penetrated into all fields of people's life.Telemedicine is the specific application of Internet technology in the medical field.Telemedicine has the advantages of sharing medical resources in various regions and breaking through the limitations of time and space.It has become the focus of the development of the medical field.In particular,the advent of 5G era makes it possible for telemedicine to further develop on the basis of its existing achievements.Now telemedicine has developed from the initial stage of remote consultation to remote surgery,which greatly facilitates people's life.Telemedicine not only brings convenience,but also increases its risk.At present,the laws and regulations on telemedicine are not perfect,and there is little research on it in the theoretical circle.Starting from the concept of telemedicine,this paper analyzes the imputation principle and specific responsibility of telemedicine damage compensation liability.This paper is mainly divided into three parts:The first part is an overview of the problem.Through the analysis of the concept of telemedicine,it is clear that the main body of telemedicine is medical institutions,that is,B2 B mode,which is not a common B2 C mode.Telemedicine is divided into two typical models.By determining the basic types of telemedicine,it is analyzed that there is a medical service contract relationship between the inviting party and the patient,and the relationship between the invited party and the patient is analyzed according to different situations,while there is no contract relationship between the third party and the patient because the patient does not belong to one party of the contract.The second part analyzes the fault liability of telemedicine based on the medical organization system.At present,alternative responsibility is applied in traditional medical treatment,and the particularity of telemedicine leads to the obligation relationship of supervision or control among all parties,which shakes the theoretical basis of the application of alternative responsibility.Transition telemedicine from alternative responsibility to organizational system responsibility,and use organizational system responsibility to solve the limitations of alternative responsibility in the application of telemedicine.Based on medical organizations,this paper analyzes the reasons for the application of fault liability in telemedicine and the faults of all parties in telemedicine.The third part makes a quantitative analysis of telemedicine damage compensation.Based on the medical organization system,it is divided into horizontal division of labor and vertical division of labor.Under the two division of labor,it is analyzed to bear joint and several liability,primary liability and secondary liability.There is no fault between the medical party and the patient,but the patient still causes damage.Based on the consideration of the principle of fairness,the fair liability should be adopted,and the fair liability should be borne by the inviting party.