Liability Beyond Clinical Walls: Medical Negligence In Tele Consultation Services
- IJLLR Journal
- 4 hours ago
- 2 min read
Moesha Kapoor, Symbiosis Law School, Noida
Introduction
Given the significant growth in the health sector, it is less affected by factors such as remoteness, distance, and inability to consult the medical practitioner physically. Medications and consultations have been accessible to all people through video chats, messaging audio or graphic technologies, and so on. This intersection of healthcare delivery with digital communication systems has given rise to what is commonly known as the concept of ‘telemedicine’, representing an important inter disciplinary advancement combining the elements of law, medicine, technology and most importantly, public policy. . The concept of telemedicine gained momentum during the COVID 19 pandemic when the medical practitioners, it not only helped in minimizing the spread of infection but also helped to maintain continuity in this sector. Nonetheless there have been complex challenges to which people have been facing when it comes to dealing with the intermingling of principles like technology, particularly, when it comes to legal and ethical standpoints. the absence of physical examination can lead to improper diagnosis of the illness, missed communication, failure to detect medical conditions often leading to dire consequences for the patient. Issues like these reflect on how technological sources need to be critically examined through the lens of legality, necessitating an interdisciplinary approach. This research paper seeks to examine factors like whether there is medical negligence in tele consultation sector and the legal implications for it.
Issue
1. Whether absence of physical examination can lead to medical negligence?
2. Whether current medical negligence laws address the issues of teleconsultation services?
Rule
Negligence (Medical)
Negligence is one of the key provisions under the Law of Torts which states that all the people owe a certain duty of care towards each other extending till reasonably foreseeable circumstances.
Comments