Telemedicine Civil Liability in the Legal Systems of Leading Countries

Abstract

Telemedicine in different countries is subject to various laws and regulations. Leading countries in this field have established comprehensive and precise laws, enabling them to create suitable legal frameworks for such medical services. By utilizing extensive research and experiences, these countries have effectively managed the legal issues and responsibilities arising from telemedicine. This study addresses the civil liability of telemedicine in the legal systems of leading countries. The study concludes that when medical services are provided in the traditional manner, it is easy to identify the relationships between patients and service providers. However, in the case of telemedicine, there is direct or indirect involvement of at least one doctor who is not only not part of the medical center, but may also be located in a remote area or even in another country. Does a relationship, whether contractual or non-contractual, exist between the patient and the mentioned doctor? Since the doctor-patient relationship is a contractual one, under the treatment contract, the conflict regarding jurisdictional matters in Iran can be resolved by referring to the law of the place where the contract is concluded, the law of the common domicile of the parties, the law of the place of performance of the obligation, the law of the nationality of the parties, or the law agreed upon by the parties. Furthermore, the relationship between the patient and the medical center or treating physician is generally based on a contract, which is established when the patient visits the medical center or a doctor’s office, through payment of consultation fees or completion of registration forms. Therefore, except for exceptional cases, such as medical emergencies, the relationship between the patient and healthcare providers is based on a contract.