Legal and ethical issues in telemedicine and robotics

Modern medical concerns with telemedicine and robotics practiced across national or other jurisdictional boundaries engage the historical, complex area of law called conflict of laws. An initial concern is whether a practitioner licensed only in jurisdiction A who treats a patient in jurisdiction B...

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Bibliographic Details
Published in:International journal of gynecology and obstetrics 2006-07, Vol.94 (1), p.73-78
Main Authors: Dickens, B.M., Cook, R.J.
Format: Article
Language:English
Subjects:
Conflict of laws
Cross-border treatment
Ethics across borders
Ethics, Clinical
Female
Gynecology - ethics
Gynecology - legislation & jurisprudence
Humans
Legal harmonization
Legal liability across borders
Licensure across borders
Robotic surgery
Robotics - ethics
Robotics - legislation & jurisprudence
Telemedicine
Telemedicine - ethics
Telemedicine - legislation & jurisprudence
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Summary:Modern medical concerns with telemedicine and robotics practiced across national or other jurisdictional boundaries engage the historical, complex area of law called conflict of laws. An initial concern is whether a practitioner licensed only in jurisdiction A who treats a patient in jurisdiction B violates B's laws. Further concerns are whether a practitioner in A who violates a contract or treats a patient in B negligently incurs liability in B, A, or both, and, if treatment lawful in A is unlawful in B, whether the practitioner commits a crime. Judicial procedures are set by courts in which proceedings are initiated, but courts may decline jurisdiction due to inconvenience to parties. If courts accept jurisdiction, they may apply their own substantive legal rules, but may find that the rules of a conflicting jurisdiction should apply. Cross-border care should not change usual medical ethics, for instance on confidentiality, but may mitigate or aggravate migration of specialists.
ISSN:0020-7292
1879-3479
DOI:10.1016/j.ijgo.2006.04.023