Abstract

CAMACHO-CLAVIJO, Sandra. The Telemedicine act: a new concept of medical-personal assistance. Rev. Bioética y Derecho [online]. 2023, n.57, pp.67-81.  Epub July 24, 2023. ISSN 1886-5887.  https://dx.doi.org/10.1344/rbd2023.57.40978.

Thanks to the functional equivalence between medical act and telemedicine act, the healthcare service at a distance is subject to the deontological, legal and professional requirements established for any medical performance. However, the legal qualification of the act of telemedicine as a medical act raises the debate on whether the medical service at a distance meets the requirement of personal and direct benefit of the medical act. This study analyzes this issue and its resolution in different legal systems such as French, Spanish, German and Austrian. From this comparative analysis, the necessary elements will result to reflect on the new configuration of the personal care relationship as a regulatory budget for the act of telemedicine.

Keywords : medical act; telemedicine act; principle of functional equivalence; principle of immediacy; personal and direct physician-patient relationship; guarantees.

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