Abstract |
The healthcare industry has witnessed great advancements with the increasing use of technology. Telemedicine is one such advancement that has proved beneficial to ease the overburdened healthcare facilities. While telemedicine is a welcome change for doctors and other medical care providers, its impact on the doctor- patient relationship needs to be analysed in detail. Telemedicine Guidelines have laid down five categories of consultations according to the parties participating in these consultations. Provisions with respect to emergency consultations are summarily set out. The doctor-patient relationship is considered to be one of a contractual nature. In telemedicine as well, patient’s consent to the consultation is essential. The guidelines duly recognise the technology cloak which surrounds telemedicine. A qualification is laid down to the effect that while it is the registered medical practitioner’s responsibility to protect patient’s data, the doctor shall not be responsible if there is a technology breach of data confidentiality. Laws governing medical practice need to be responsive to different facets of telemedicine. Test of reasonable man embodied in tort of medical negligence must be modified in light of impediments faced in a digital doctor-patient relationship. Therefore, while fixing liability on medical professionals, some qualifying factors need to be added. |