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[Legal aspects of health telematics]
1Zentrum für Human- und Gesundheitswissenschaften, Dierks & Bohle, Rechtsanwälte, Walter-Benjamin-Platz 6, 10629 Berlin, Germany. office@db-law.de
Abstract:
Specific legal issues arise from the distance of the participants in health telematics. Substandard care not meeting the state of the art can yield malpractice litigation, especially if a diagnosis or therapy conveyed via telematics proves to be deficient. On the other hand, communication deficiencies may bring about a reversal of the burden of proof. If the patient's damage can not be attributed to the responsible person due to the division of labour, a joint liability is likely to be adjudicated. A specific legal risk analysis is required as a basis for a risk-adequate design of any application in health telematics.
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