The use of telemedicine in healthcare is an important part of the further development of medical care. It has gained in importance due to the shortage of physicians, especially in rural areas and during the coronavirus pandemic. Telemedicine raises many legal questions, particularly in the areas of regulatory affairs and medical law, drug advertising law and liability, as well as data protection and AI, which are answered below.
Telemedicine refers to the provision of healthcare services where the service provider (e.g., physician) and the service recipient (patient) are not physically present at the same place at the same time, but where treatment is provided via telecommunications media. Telemedicine can also be provided across borders. The European Court of Justice (ECJ) defines it as healthcare services provided to a patient by a healthcare provider established in a Member State other than the Member State of affiliation, using information and communication technologies, without the simultaneous physical presence of the patient and the service provider. Telemedicine thus makes it possible to offer patients medical advice and treatment via means of communication despite physical separation.
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