REVIEW PAPER
On the possibility of abuse or violation of patient rights in connection with the use of teleconsultations - legal aspects and de lege ferenda demands
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1
Katedra Prawa i Postępowania Cywilnego, Uczelnia Łazarskiego, Polska
2
Katedra Postępowania Cywilnego, Uniwersytet Kardynała Stefana Wyszyńskiego, Polska
These authors had equal contribution to this work
Submission date: 2023-08-29
Final revision date: 2023-12-06
Acceptance date: 2023-12-07
Publication date: 2024-06-28
Corresponding author
Malgorzata Sekula-Leleno
Katedra Prawa i Postępowania Cywilnego, Uczelnia Łazarskiego, ul. Świeradowska 43, 02-662 Warszawa, Polska
LW 2024;102(2):95-103
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ABSTRACT
Introduction: Telemedicine can increase the patient’s safety and comfort, as well as facilitate access to medical services and improve their quality. On the other hand, the use of tools offered by telemedicine may, if used incorrectly, give rise to a number of threats. Teleconsultations are generally a very convenient tool, thanks to which a patient can obtain a medical consultation in a convenient place, remotely, without the need to come to the doctor’s office, nevertheless despite many facilitations, the provision of medical services in the form of telemedicine can also situations related to violation of patients’ rights by a doctor or abuse of these rights by the patient himself. This study aims to identify the most important manifestations of this type of threats (limited to abuses by the patient and violations by the doctor) related to the provision of medical in the form of teleconsultation and areas where these risks may occur. Material and methods: The work uses the dogmatic-legal method. The work contains a number of references to procedural regulations and practice in the researched area. Material and Methods: The work uses the dogmatic-legal method. The work contains a number of references to procedural regulations and practice in the researched area. Results: Health protection requires the legislator to create mechanisms adequate to the changes caused by scientific progress, and at the same time ensuring patient safety. In this dimension, teleconsultation should be treated as a tool primarily supporting “classic” treatment. Conclusions: It is necessary to undertake legislative work aimed at a more detailed implementation of telemedicine in the health care system. In the current legal status, the lack of detailed procedures for providing medical teleconsultation poses numerous risks to the patient and may be the cause of numerous errors in the process of their proper diagnosis. It seems reasonable to postulate de lege ferenda, specifying in detail the areas that may be covered by telemedical services.