Research On Damage Liability Of Telemedicine In China

In recent years,the vigorous development of science and technology such as Internet,big data and 5G has brought unprecedented changes to traditional industries,and telemedicine services have also developed rapidly on the basis of traditional medical service models.At the end of 2019,novel coronavirus broke out all over the world.In the process of fighting the epidemic,telemedicine service mode,as a new diagnosis and treatment method,played a very positive role in epidemic prevention and screening,which provided a strong support for China to win the war of epidemic prevention and control,and also made China’s telemedicine service industry develop rapidly.In-depth research on the liability of telemedicine damage is a new problem and new field that has not been involved in the research of tort damage in China,and it is the product of the progress and development of the times.In-depth study on the liability for damage in telemedicine is also related to the comprehensive improvement of our country’s rule of law and the basic construction of our socialist country ruled by law.Although the telemedicine service model has played a vital role in optimizing the allocation of medical resources,saving patients’ medical costs and improving the medical level of local hospitals,there are still some difficulties in the research on the liability of telemedicine damage in China.This paper attempts to explain the basic theory of telemedicine from the angle of damage liability of telemedicine.On the basis of analyzing the historical background of telemedicine and its development prospect,this paper discusses the inevitability of studying the damage liability of telemedicine.In addition,attention should be paid to the new doctor-patient relationship caused by technical damage,ethical damage,product damage and management damage of telemedicine.By clarifying the relevant legal subjects involved in telemedicine,this paper expounds the constitutive requirements,imputation principles and exemption reasons of telemedicine damage liability,so as to clarify the identification basis of telemedicine damage liability.At the same time,this paper intends to discuss the legislative suggestions on the construction of telemedicine damage liability,clarify the legal relationship between civil subjects involved in telemedicine,and conduct in-depth research on telemedicine damage liability.On the basis of drawing lessons from the legislative experience of the United States,Europe,Japan and other foreign countries,this paper argues that the corresponding judicial interpretation of the liability for medical damage in the current Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)should be updated and the corresponding contents should be added.The use of information technology to strengthen supervision,protect the civil rights and interests of patients,and regulate issues such as clarifying the imputation mechanism and exemption mechanism of telemedicine damage liability,so as to clarify the responsibility of legal subjects of all parties.