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Research On Civil Legal Issues Of Telemedicine In My Country

Posted on:2022-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:T Q YangFull Text:PDF
GTID:2516306530978109Subject:legal
Abstract/Summary:PDF Full Text Request
Compared with traditional medical treatment with a long history,telemedicine is undoubtedly an emerging medical method.And new medical methods will inevitably bring new challenges to the law.Since the development of telemedicine in China,the country has gradually set its sights on this development method that can optimize the allocation of medical resources,and has issued a series of rules and regulations.However,my country's main medical legal protection framework is still based on the system in which patients go to a single medical institution for physical diagnosis and treatment activities.There is a lack of regulations on the division of legal subjects and the allocation of tort liability that are different from traditional medical treatment in telemedicine.The legislative level is low,and there are issues such as differences between local legislations,which makes the application of the law extremely complicated,and exacerbates the legal risks faced in telemedicine.This article first sorts out the current academic hotspots of telemedicine development that domestic scholars are concerned about through the literature analysis method,introduces the model of telemedicine in my country and the legal relationship between the civil legal subjects and the subjects,and then clarifies the relationship between the legal subjects Through the case analysis method,it is pointed out that the current legal regulations of telemedicine in my country are not clear,doctors and hospitals have difficulties in applying telemedicine,and the rights of patients are difficult to protect.Through the research of this article,it is believed that the corresponding problems can be solved from the following aspects: First,improve the existing laws and regulations,establish a unified national standard for telemedicine through legislation,and clarify the legal subjects and the division mechanism of tort liability in telemedicine.2.To clarify the legitimacy of doctors and hospitals in the telemedicine activities to break through the obligation of pro-diagnosis and multi-point practice through rules and regulations.3.Strengthen the protection of patients' right to informed consent and the right to privacy and information.
Keywords/Search Tags:Telemedicine, Tort Liability, Civil subject, Civil rights
PDF Full Text Request
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