원격의료에서의 의료과오책임 - 의료법상 관련 규정 검토를 중심으로 -

Abstract

In the medical field, telemedicine can provide the best healthcare environment anywhere in the world equivalent to face-to-face medical treatment. Medical big data, minimalizing and simplifying of various measuring medical devices, augmented reality technology and digitization of information enable to provide person virtual care. The Corona 19 pandemic has accelerated the remoteization of medical practice and health care, which has been under a regulatory and restrictive perspective.<BR> In this study, a responsibility of medical malpractice caused by doctors in telemedicine is reviewed in a civil action. First, in order to clarify the concept of telemedicine, this paper summarizes the relevant regulations of the current medical law which have been as a difference concept. Next, after reviewing the general theory about the responsibility of doctors and hospitals for medical malpractice, the paper studies on the violation of the obligation to pay attention, as one of the most important judgment factors for telemedicine malpractice. Furthermore, the paper examine what types of telemedicine could be ruled by Medical Law. Especially, the study focuses on current academic discussions and legislative drawbacks about the telemedicine responsibility between local doctors and patients provided in the Article 34 Section 4 of Medical Law. In conclusion, this paper traces that imposing the responsibility only to a doctor is not contrary to the principle of self-responsibility, but also be inappropriate and invalid from the standpoint of a patient damage relief.