Liability issues of the telemedicine service

Abstract

The first use of remote medical assistance by means of telecommunication took place shortly after the invention of the telephone (1876). However, a century and a half of history has been accompanied by only modest legislative activity worldwide. Indeed, the legal and ethical rules have emerged largely in the last two decades and, on reviewing them, one is left with a sense of inadequacy. How can the criminal liability of the attending physician be assessed under the current telemedicine rules? How can a set of rules be designed to meet the requirements of patient safety, patient care, transparency, auditability and justice? Answering these questions is an increasingly urgent task. At the same time, an appropriate set of rules can support those involved and help to prevent mistakes, thereby limiting unintended events.