Research On Tort Liability Of Telemedicine Under The Intervention Of Third-party Platform

Since 2014,there has been an increasing trend in medical damage compensation disputes in my country.The tension between doctors and patients has become the focus of society.The rapid development of the mobile medical industry without relevant research and follow-up of the legal system will be the basis for nervous doctors and patients.Relationships add to the pressure.Based on the above-mentioned status,this article selects the tort liability in the mobile medical field as the research content,and focuses on the research on the tort liability of mobile medical with the intervention of a third-party platform.In addition to the introduction and conclusion,this article is divided into three chapters:The The first chapter is about the problem.The existing problem of the thesis is that compared with traditional medical treatment,mobile medical treatment under the intervention of a third-party platform is different from traditional medical treatment,and whether the existing theories and norms can cover and If not,how to improve the legal issues related to mobile medical tort liability under the intervention of a third-party platform.The first problem that the research faces is the unclear concept and scope of the mobile medical research status quo of platform intervention.In this regard,it is necessary to separate the "mobile medical treatment" from the Internet medical system for definition,and then extend the definition of "mobile medical treatment under the intervention of a third-party platform".The second problem is that the mobile medical application model of platform intervention is unclear and the participants are not clear,which will make it difficult to identify the infringing subject and the responsible subject.The final problem is that the existing legal regulations are not enough to cover the legal issues related to platform-involved mobile tort liability.We still need to work from the legal interpretation and legislative level to find special regulations that are compatible with platform-involved mobile medical tort liability.,Improve the mobile medical tort liability system.The second chapter discusses in detail the tort liability of mobile medical treatment under the intervention of the third-party platform based on the context of behavior-subject-responsibility.The current research has the problem of insufficient typification of responsibilities,which will lead to the problems of insufficient types in the division and determination of responsibilities,inability to correspond to one-to-one,or inaccurate determination.The type of mobile medical infringement liability that the platform is involved in refers to the tort liability that the relevant subject needs to bear after the infringement.The behavior-subject-responsibility is the research context,and the nature of the violation of the behavior is the classification standard.The conclusion is that the platform is involved.The types of mobile medical tort liability include mobile medical accident liability,mobile medical ethical responsibility and mobile medical management responsibility.The third chapter studies the special norms in the constitutive elements of mobile medical tort liability involving platform intervention.Because the legal system of the constitutive elements of tort liability has been perfected,even if the research on special matters should not jump out of the frame system of the constitutive elements,only the special issues in the constitutive elements should be studied.The first section describes the specific manifestations of the damage results,and then takes the particularity and urgency as the standard,and selects the more vulnerable rights and interests including privacy rights,personal information rights,and opportunity benefits for special regulations.The second section proposes that the standard of care duty on which the judgment of fault is based should be appropriately lowered,and the more typical personal diagnosis and treatment duties and the duty of notification and explanation are selected from the duty of care for research.The third section is about the analysis of the causal relationship.First,according to the difference of the status of doctors and patients in different types of responsibilities,the rules of proof of causality are allocated.Secondly,it is more technical to reveal the causal relationship in mobile medical cases through cases,and it is necessary to improve the professional capabilities of judicial authentication institutions and judges,and build mandatory authentication rules for causal identification.Finally,it is proposed that in mobile medical cases under the intervention of a third-party platform,the determination of causality must expand the scope of application of the causal force rule.