LEGAL ASPECTS OF THE TELEMONITORING OF PATIENTS OPERATED IN SURGERY. MEDICAL LIABILITY & CONNECTED OBJECTS
Keywords:
Telemedicine, Telemonitoring, Legal medical liability, Medical device.Abstract
Telemonitoring is one of the facets of telemedicine born in 1997. First developed to ensure the monitoring of chronic pathologies, it can be used for postoperative follow-up in orthopedic surgery, in particular to detect early complications after a short stay. It constitutes a full-fledged medical act which must comply with all the related obligations and a little more because it is bound by rich legislation governing medical practice, the technological act and the protection of digital data. The choice of product used is critical. It must be a medical device within the meaning of the law (with a unique and specific diagnostic or therapeutic purpose) otherwise the practitioner will have difficulty in exonerating himself from his responsibility. Respect for professional secret is fundamental despite the flow and hosting of health data: the risk is criminal. It thus requires the choice of
a certified technological third party and a specific care contract including consent to the technological act and the formalization of which is explained.
