Telemedicine as a medical and legal problem Cover Image

Telemedycyna jako problem medyczno-prawny
Telemedicine as a medical and legal problem

Author(s): Adam Białas, Jakub J. Szczerbowski
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Wyższej Szkoły Gospodarki Euroregionalnej im. Alcide De Gasperi w Józefowie
Keywords: telemedicine; information and communication technologies; personal data protection; remote healthcare services; physician's liability

Summary/Abstract: The purpose of this article is to interpret the provisions on telemedicine and its functioning in the Polish healthcare system. The issues of professional liability of a physician and issues related to the safety and protection of personal data in the context of telemedicine were also discussed. The subject of the research are the provisions of the Act on the Professions of a Doctor and Dentist, the Act on Patient Rights and the Patient’s Rights Ombudsman, and other acts and regulations regarding the use of telemedicine methods. As part of the research, the formal and dogmatic method was used, and the effect is to propose an interpretation of the provisions regulating the pro- vision of health services at a distance with the use of information and communication technologies. The analysis of the legal regulations in question revealed the existence of a number of provisions relating directly or indirectly to the issue of telemedicine. In particular, the regulations created in response to the COVID-19 epidemic turned out to be important. On the basis of the regulations in question, it should be noted that the liability related to the use of telemedicine is multifaceted and occurs on the basis of many branches of law. The evolution of liability related to the use of medicine to date dictates that this area will be subject to change in the near future.

  • Issue Year: 48/2022
  • Issue No: 1
  • Page Range: 97-118
  • Page Count: 22
  • Language: Polish