Responsabilidad por el hecho del legislador ante la falta de regulación normativa en materia de telemedicina

Abstract

As the implementation of telemedicine has been developing in the country as a complementary modality in the provision of health service, it became necessary to investigate the legal and ethical of the same, as the same that it interrelates different disciplines, Modifying substantially The doctor-patient relationship and with the implementation is not alien to the risks generated by all medical activity. Al though, as telemedicine is a fusion between medical science and telecommunications, its regulation is based on the legislation of each specialty and a regulation that involves something related to the latest technology and coverage of care, Leaving aside static and human factors that influence protection against eventual damages of patients. That is to say, there is no regulatory framework (Special Law) that transcends the system as the tool that supports the solution to health problems in the country. Such an omission can transform a burden of the State into a source of harm, since it is not evident as: Responsibility, security, confidentiality and the principles of professional ethics. For the present project hand in hand with the investigative method, an analytical method is proposed, which allows to announce the responsibility of the State for such omission, at the same time give way to the proposition of solutions.