There are a lot of legal issues when it comes to the practice medicine. Those same issues, and new ones, are going to have to be addressed for cyberMedicine, and soon.
Licensing
Right now, health professionals are regulated by state laws. Obviously this is a problem because the internet crosses both state and national borders.
Consequences
We could see a lot of lawsuits in the near future. If cyberMedicine sites are considered to be practicing medicine, they need to be licensed. Since they are not (and can’t be right now because there is no way to license across state borders) they are practicing unlicensed medicine.
Website Liability
Federal law says that websites that link to content on other sites are not liable for the information on those sites. CyberMedicine sites that do that, or who run forums, should be free from liability issues. Sites that make their own content might not be.
Consequences
We could see content become less original (and possibly less helpful) if sites are worried about liability. We could also see sites shut down.
Malpractice Insurance
Malpractice Insurance is also written on a state-by-state basis, which will be a problem for physicians, especially as medicine on the web becomes more and more popular.
Consequences
Again, there could be a lot of lawsuits in the near future. Some doctors might shun cyberMedicine all together if a new way to get malpractice insurance isn’t created.
What Needs to Be Addressed
The first big question right now is what in cyberMedicine equates to the practice of medicine, especially when it comes to information-sharing.
Another is how are we going to license physicians who give information online? Should we change the way all health professionals get licenses? Or should we require an additional license to practice medicine online? Should we make international licensing? (These questions all apply to malpractice insurance for doctors as well.)
A third question is how liable are sites for the information on them? What is going to happen to sites that are liable? What could be considered problematic information on those sites?
Conclusion
These are only a few issues involved in cyberMedicine. Obviously, the Medical and Medical Law communities have a lot of thought and debating to do before cyberMedicine can reach its full potential. I think that we are going to see some really interesting court cases shape the way we use the internet for health information and communication with our doctors.
Source:
The Legal Column: Legal Pitfalls of Cybermedicine
