Extract
[...] The indifference of the legal framework of medical responsibility to the digital or physical medical practice The legal framework, particularly telemedicine governed by article L. 6316-1 of the Public Health Code impose on healthcare professionals to respect the same obligations as in physical consultation4. In the event of fault or breach, the possibilities of engaging their liability remain identical5. La jurisprudence even recognizes that the absence of a clinical examination cannot exonerate a practitioner from their responsibility if they fail to meet their duty of diligence April 2016, n°37508). [...]
[...] The legal framework for digital medical practice is under construction. While progress has been made, adjustments are needed to ensure the accountability of professionals while promoting the technological development of healthcare. 2. The non consideration, in certain respects, of the specifics of digital medical practice The application of classic principles of medical liability to digital practice raises questions. Mainly due to the lack of an adapted legal framework as seen previously. Indeed, in the digital context, the identification and attribution of the fault that triggers medical liability becomes complex. [...]
[...] How does medical liability continue to govern the obligations of healthcare professionals in a digital medical practice context? The first challenge will be to demonstrate how medical liability is applied and interpreted in the context of digital medical practice, in a dematerialized relationship between the professional and their patient Therefore, it will be relevant to observe this medical liability and its interpretation, which obliges the professional to take precautions against their commitmentII). Medical liability governing the new and dematerialized relationship between the professional and their patient Here, we will be able to observe the place of digital medical practice in the legal framework of medical liabilityA) as well as the risks for the professional of seeing it engagedB). [...]
[...] (2020). Power and Stakes of Judicial Interpretation of the Law. Practical Approach from a Case of Medical Liability. The Justice Notebooks, - Martin, D. (2010). Medical Liability Expertise: From Critiques to Reforms. The Health Tribunes - Allaert, F.-A. and Quantin, C. (2012). Responsibilities and Remunerations of Tele-Expertise Acts. [...]
[...] The Adaptation of the French Healthcare System in the Face of the Covid-19 Pandemic through the Development of Telemedicine Uses. Law, Health and Society - Durupt, M., Bouchy, O., Christophe, S., Kivits, J. et Boivin, J.-M. (2016). Telemedicine in Rural Areas: Representations and Experiences of General Practitioners. Public Health, - Duguet, J., Chassang, G. et Béranger, J. (2019). Stakes, Consequences and Ethical Framework Related to Artificial Intelligence in Health Towards an Ethical Artificial Intelligence in Medicine. Law, Health and Society, - Cayol, A. [...]
