Research On Civil Liability For Telemedicine Damage

With the rapid development of the Internet,5G and other information technologies,telemedicine comes into being.Telemedicine can not only realize the sinking and balance of medical resources,but also reduce various costs for patients.In addition,during the COVID-19 epidemic in 2020,telemedicine plays an irreplaceable role in reducing the flow of people and meeting the needs of the general public for medical treatment.The Chinese Academy of Medical Sciences held a press conference on the Development Report of China’s Medical Reform(2020),which clearly indicated that telemedicine is one of the three main approaches to promote hierarchical diagnosis and treatment.However,while the emerging technology is convenient for life,we should also be vigilant about the legal problems caused by its particularity.Although telemedicine has been gradually popularized in our country,there are also many problems in the provisions of the legislature,judicial and administrative organs regarding the civil liability of telemedicine damage.In this paper,based on the existing remote medical model,this paper introduces the remote medical damage the particularity of civil liability,detailed discusses the composition of civil liability,on the basis of the analysis of different responsibility principles of medical injury cases,liability subject and types of related issues,and analyze the deficiency of the existing legal regulation and causes,puts forward corresponding perfecting suggestion.First chapter,from the aspect of the Internet technology introduces the running mode of remote medical treatment,and induces the difference from traditional medical treatment,on this basis,this paper expounds the remote medical damage the particularity of civil liability,divided into causation judgment of the complexity of civil liability types of diversity,diversity of responsibility and virtual,personal information patients more susceptible to invasive.The second chapter,based on the different modes of telemedicine in the first chapter,mainly expounds the constitution of civil liability for telemedicine damage,including the constitutive elements of liability and the basic civil legal relations.In view of the particularity of liability constitutive elements,the four elements of liability constitutive elements were theoretically analyzed,and the specific situations of patient damage,medical personnel’s illegal diagnosis and treatment behavior,subjective fault and causal relationship in telemedicine were clarified.In view of the basic legal relationship difficult cognizance question,the authors made an evaluation of the scholars of different views,in telemedicine different patterns and different medical service content,on the basis of clarifying the proximal and distal medical institutions,medical institutions remote remote medical institutions,medical institutions and patients and remote medical technology,telemedicine technology enterprise and the legal relations between the patients,Finally,the author points out that the legal relations should be classified according to different operating modes and medical contents rather than generalized.The third chapter,on the basis of the particularity of civil liability in the first chapter and the constitution theory of civil liability in the second chapter,discusses the different liability subjects under different causes of medical damage and the types of liability.In view of the problem that legal relationship is difficult to identify,this paper compares vicarious liability with organizational fault liability,joint liability with partial liability,puts forward their advantages and disadvantages as well as their application,and finally makes clear the author’s opinion that it should be discussed in different cases.The second chapter and the third chapter are based on the difference between the actual operation mode of current telemedicine and the medical service content,and the results of classified discussion.The fourth chapter,based on the policies,regulations and relevant documents on civil liability for telemedicine damage of China’s legislative,judicial and administrative organs,makes a comparison with the actual situation of telemedicine damage liability in the previous three chapters,and comprehensively analyzes the deficiencies in the existing laws,regulations and policy documents in China.Mainly in the telemedicine damage liability identification rules,liability subject identification standards,liability subject types and other aspects of the deficiencies,and targeted analysis of the reasons behind the deficiency of regulation;In the corresponding chapter,the better practices and experiences of foreign countries are put forward.Although the domestic and foreign rules on civil liability for telemedicine damage are not separated into separate sections,they are integrated into each section.Fifth chapter to the fourth chapter,on the basis of the existing problems and combined with the first chapter to the theory of the third chapter,at the same time in accordance with the relevant academic point of view,and draw lessons from the United States on the contents of the remote medical liability for damage related rules,creatively and put forward our country should continue to improve responsibility identification rules,the standard of identifying a clear responsibility main body responsibility,clear responsibility main body type.