Medical Liability in Digital Context

Extract

[...] If the patient would have accepted the care even with complete information, the practitioner's liability is not engaged. On the other hand, if the patient would likely have refused care, the practitioner is held responsible. In this scenario, the Cour de cassation considers that the only damage that can be compensated is the loss of chance to avoid the risk that materialized. In addition, healthcare professionals are required to follow the recommendations issued by competent authorities such as the Haute Autorité de Santé (HAS). [...]

[...] Sources: - v. M.-L. Moquet-Anger, Hospital Law, LGDJ, coll. Manual, 5e éd p to 380 and D. Truchet, Public Health Law, Dalloz, coll. Mémentos, 9e éd p and p. 255-256. [...]

[...] However, the legal framework of telemedicine, particularly the responsibilities of the parties involved, are not detailed in the texts. The delimitation of the subject revolves around the analysis of the legal and ethical imperatives that govern digital medical practice, as well as the necessary solutions and adaptations to ensure its compliance with legal and ethical standards. The interest of the subject lies in its relevance in light of recent developments in medical practice and health data legislation. It raises crucial issues for healthcare actors, both from a legal and ethical perspective. [...]

[...] In fact, the holder of a DMP can make certain information in their file inaccessible, except to their treating doctor. On the other hand, it should not be ruled out that the cumulation between penal liability and civil liability can occur, if the patient estimates that they have suffered harm as a result of the disclosure of information that they had concluded would remain secret, since the Council of State has just reminded that the cumulation of proceedings against healthcare professionals does not disregard either the principle of the necessity of crimes and penalties, or the principle non bis in idem, on the grounds that these proceedings 'do not protect the same social interests'5. [...]

[...] However, a responsibility could be sought if the given opinion proves to be erroneous. For teleassistance, the responsibility of the assisting professional could be engaged if they commit an error or negligence leading to harm. The presence or absence of a contract between the concerned professionals can influence the question of responsibility. Each professional must also be covered by civil liability insurance for any telemedicine activity. 2 - The non-respect of the reciprocal commitment between professionals The relationships between healthcare professionals are governed by a reciprocal commitment, and this is the case even in the absence of a formal contract. [...]