A Preliminary Study on the Legal Issues of Telesurgery
Using of computer technology to achieve remote operation by robots generates many new legal issues. The difference between telesurgery and traditional medical operation is only the change of contact way between physicians and patients. This study recommends that telesurgery can be regulated by administrative regulation in professional self-discipline. It is not appropriate to turn a blind eye to telesurgery or prohibit telmedicine without exception. Stipulation of “physicians’ personal attention” in Article 11 of the Physician Law should be changed to a brand new interpretation not only in “face-to-face” contacts but also non-“face-to-face” ones. This study recommends that establishment of the relevant regulations in Taiwan, the certification systems and the appropriate consensus of telesurgery, inclusive of the differential payment in the benefits scope of Health Insurance avoiding the health care costs instantaneous rise is suitable, and which will lead telesurgery to maximum effectiveness.