TELEMEDICINE LEGAL FRONTIERS :A COMPREHENSIVE ANALYSIS
AUTHOR – SHAMBHAVIE SAURABH* & AMALENDU MISHRA**, STUDENT* & ASSISTANT PROFESSOR** AT LAW COLLEGE DEHRADUN.
BEST CITATION – SHAMBHAVIE SAURABH & AMALENDU MISHRA, TELEMEDICINE LEGAL FRONTIERS :A COMPREHENSIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 441-496, APIS – 3920 – 0001 & ISSN – 2583-2344.
PREFACE
This dissertation explores the evolution of legal frameworks concerning remote healthcare. While telemedicine can be seen as the provision of medical services from afar—a concept dating back to the invention of the telegraph and telephone in the late 19th century—modern advancements in telecommunications in the 21st century have drastically transformed the practice of delivering healthcare remotely.
The preface of this dissertation seeks to serve as a gateway, offering the reader a comprehensive overview and engendering an appreciation for the depth and breadth of the research undertaken. At its core, this work is motivated by the profound implications’ telemedicine holds for bridging healthcare disparities, spurred on by the global health exigencies unveiled by the COVID-19 pandemic. This exigency, coupled with India’s unique position as a burgeoning digital superpower grappling with vast healthcare delivery challenges, forms the crucible within which this dissertation was conceived.
Chapter 1 starts with a look at definitions of Telemedicine, alternative definitions of telemedicine and why they have arisen. The chapter further explains the meaning of telemedicine and provides a historical account of development of telemedicine. The chapter focuses on the typology, objectives, scope, benefits and limitations of telemedicine.
Chapter 2 embarks on a deep dive into the regulatory and legal landscape that frames telemedicine in India, elucidating the complex interplay of policies, guidelines, and statutory mandates that govern its practice. This chapter gives historical genesis of telemedicine in India, highlights the role of MOHFW and Niti Ayog. This chapter also delves into the accountability of digital Health records and E-Pharmacy regulations.
Chapter 3 adopts a comparative lens, exploring telemedicine’s regulatory frameworks across different global jurisdictions. This comparative analysis not only highlights the diversity of regulatory approaches but also underscores common challenges and best practices, offering valuable insights for policymakers and practitioners alike.
Chapter 4 of the dissertation navigates the critical issues of privacy, and data protection, this discourse is pivotal, given the paramount importance of trust and confidentiality in healthcare delivery systems. The Chapter also tackles the nuanced considerations of medical negligence, liability in telemedicine, and the consumer protection mechanisms in telemedicine critically analysing how traditional legal doctrines intersect with the novel context of digital health.
Concluding the dissertation, the Chapter 5 synthesizes the research findings, offering a reflective analysis of the implications for telemedicine in India and beyond. It proposes forward-looking recommendations aimed at enhancing telemedicine’s role in healthcare delivery, advocating for policy reforms, technological innovation, and ethical practices that prioritize patient welfare.
This dissertation seeks to provide a comprehensive understanding of the principal characteristics of telemedicine, along with the complexities associated with its development and utilization. By conducting an in-depth analysis, it aims to contribute meaningfully to the evolving discourse on the legal facets of telemedicine. The study endeavours to equip the reader with a thorough grasp of the subject while offering an extensive literature review that delves into detailed discussions presented within the text. To support the analysis, references are primarily drawn from primary legal sources, peer-reviewed journal articles, and authoritative textbooks. This preface invites readers to explore the transformative possibilities of telemedicine, grounded in a profound comprehension of its legal, ethical, and operational aspects. The researcher aims to engage and draw readers into the core of the dissertation, setting the stage for a journey that promises to be both enlightening and thought-provoking.