Legal and Ethical Aspects of Telemedicine in India: Opportunities, Challenges, and the Road Ahead

Publication Information

Journal Title: Asia Pacific Law & Policy Review
Author(s): Nandu Sam Jose
Published On: 08/06/2023
Volume: 9
First Page: 1
Last Page: 11
ISSN: 2581-4095
Publisher: The Law Brigade Publisher

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Nandu Sam Jose, Legal and Ethical Aspects of Telemedicine in India: Opportunities, Challenges, and the Road Ahead, Volume 9, Asia Pacific Law & Policy Review, 1-11, Published on 08/06/2023, Available at https://aplpr.thelawbrigade.com/article/legal-and-ethical-aspects-of-telemedicine-in-india-opportunities-challenges-and-the-road-ahead/

Abstract

Telemedicine is a rapidly growing field in India, offering numerous benefits, including improved access to healthcare, cost reductions, and improved patient outcomes. However, the legal aspects of telemedicine in India remain a complex area. This study delves into the legal and ethical aspects of telemedicine in India, elucidating the prevailing regulations, challenges, and potential opportunities. The current legal framework, including the Telemedicine Practice Guidelines, National Medical Commission Act, 2019, and the Information Technology Act, 2000, provides a regulatory scaffold for telemedicine practices. However, issues pertaining to patient privacy, data protection, liability, malpractice, and jurisdictional nuances pose significant legal challenges. Despite these concerns, telemedicine brings numerous opportunities, particularly through public-private partnerships, and the implementation of technologies like artificial intelligence and blockchain. Nevertheless, telemedicine also presents ethical conundrums, including equitable access, consent, and confidentiality that demand deliberate consideration. To harness the full potential of telemedicine, the study proposes recommendations, encompassing comprehensive data protection policies, stringent malpractice laws, and inclusive technology-driven solutions. The paper underscores the necessity of creating a robust, ethical, and legal framework that could revolutionize healthcare delivery in India, rendering it more accessible and efficient.

Keywords: Telemedicine, Legal Challenges, Ethical Challenges, Technological Opportunities, Regulatory Recommendations

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