| 英文摘要 |
During the COVID-19 pandemic, in order to avoid a lot of people-to-people contact and the restrictions on medical treatment that are not allowed to go out at home, countries around the world have loosened the regulations and controls of telemedicine, which has promoted the vigorous development of telemedicine. However, after the pandemic, will relaxation measures still be taken? Or return to the original provisions of Article 11, Paragraph 1 of the Medical Care Act, which can only be used by people in mountainous areas, outlying islands, and remote areas? If after the lockdown is lifted, the loosening measures are still maintained or even the application of transnational telesurgery is still open, there will be many legal issues to be resolved, such as: Should “first-time consultation” patients who require telemedicine be revised? Once a medical dispute occurs in telemedicine, how will the burden of proof of the physician, the platform, and the patient be allocated? How should the informed consent rule be amended to apply to doctor-patient relationships where face-to-face communication is not possible? The issue of attribution of medical negligence caused by telemedicine needs to be clarified. Does our country’s universal health insurance still pay for telemedicine of everyone? The video transmission process of telemedicine requires many more procedures than electronic medical records, such as requires engineers who control the network or maintenance personnel of computer units. The security personnel of computer companies are not medical personnel, and are not subject to Article 23 of the Physicians Act or Article 28 of the Nursing Personnel Act. Due to the constraints of confidentiality obligations, and many and complex members, how should the information of personal medical records be protected so that it can be more properly managed than the simple electronic medical record management? Transnational telesurgery is an unlicensed practice for near-end patients, coupled with language barriers, the patient’s choice of surgical procedures (such as the size of the tumor resection range, the number of lymph nodes removed, etc.) will affect the postoperative outcome. How to prevent differences in the quality of life after telesurgery? How to establish a good doctor-patient relationship when face-to-face is not possible? Based on the above legal issues, this article focuses on the US law with the longest history of telemedicine, as well as the legal norms of the European Union, Japan and other advanced countries to seek solutions. |
