Posted: November 26th, 2023

Ethical and Legal Challenges of Telemedicine in the Era of the COVID-19 Pandemic

Ethical and Legal Challenges of Telemedicine in the Era of the COVID-19 Pandemic

Telemedicine is the use of information and communication technologies to provide health care services remotely. It has been widely adopted during the COVID-19 pandemic, as it offers a way to reduce the risk of infection and increase the accessibility and efficiency of health care delivery. However, telemedicine also poses several ethical and legal challenges that need to be addressed by health care providers, patients, policymakers and regulators. Some of these challenges are:

– Privacy and confidentiality: Telemedicine involves the transmission and storage of sensitive personal and medical data, which may be vulnerable to unauthorized access, misuse or breach. Health care providers need to ensure that they use secure platforms and encryption methods, obtain informed consent from patients, respect their preferences and rights, and comply with relevant data protection laws and regulations.
– Quality and safety: Telemedicine may affect the quality and safety of health care services, as it may introduce technical errors, communication barriers, diagnostic limitations or inappropriate treatments. Health care providers need to ensure that they have adequate training, skills and equipment, follow evidence-based guidelines and protocols, monitor and evaluate the outcomes and adverse events, and report any errors or incidents.
– Equity and access: Telemedicine may create or exacerbate health disparities, as it may exclude or disadvantage some groups of patients who have limited access to technology, internet, literacy or language skills. Health care providers need to ensure that they provide equitable and inclusive services, address the social determinants of health, and collaborate with other stakeholders to reduce the digital divide.
– Accountability and liability: Telemedicine may raise questions about the accountability and liability of health care providers, as it may involve cross-border or cross-jurisdictional issues, unclear roles and responsibilities, or complex legal frameworks. Health care providers need to ensure that they have valid licenses, credentials and insurance, adhere to the applicable laws and regulations, document and record their services, and communicate clearly with patients and other providers.

Telemedicine has the potential to transform health care delivery in the era of the COVID-19 pandemic, but it also requires careful consideration of its ethical and legal implications. Health care providers need to be aware of these challenges and adopt appropriate measures to ensure that they provide ethical, legal, safe and effective telemedicine services.

References:

– Almathami HKY, Win KT, Vlahu-Gjorgievska E. Barriers and Facilitators That Influence Telemedicine-Based, Real-Time, Online Consultation at Patients’ Homes: Systematic Literature Review. J Med Internet Res. 2020;22(2):e16407. doi:10.2196/16407
– Barello S, Graffigna G. Engaging patients in health management during COVID-19: some ethical issues in telemedicine practice. J Med Ethics. 2020;46(12):823-824. doi:10.1136/medethics-2020-106646
– Dinesen B, Nonnecke B, Lindeman D, et al. Personalized Telehealth in the Future: A Global Research Agenda. J Med Internet Res. 2016: 2024 – Do my homework – Help write my assignment online;18(3):e53. doi:10.2196/jmir.5257
– Gostin LO, Hodge JG Jr., Wiley LF. Presidential Powers and Response to COVID-19. JAMA. 2020;323(16):1547-1548. doi:10.1001/jama.2020.4335
– Keesara S, Jonas A, Schulman K. Covid-19 and Health Care’s Digital Revolution. N Engl J Med. 2020;382(23):e82. doi:10.1056/NEJMp2005835
– Wosik J, Fudim M, Cameron B, et al. Telehealth Transformation: COVID-19 and the Rise of Virtual Care. J Am Med Inform Assoc. 2020;27(6):957-962. doi:10.1093/jamia/ocaa067

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