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. 2021 Nov 30;57(12):1314. doi: 10.3390/medicina57121314

Table 1.

Studies about ethical and legal issues in telemedicine practice during the COVID-19 health emergency.

Medical or Health Service Ethical and/or Legal Issues Medical Purposes/Disciplines Article Type Location Reference
Telemedicine and Telehealth Data privacy, security and storage;
Clear regulations/laws for legal security of patients and professionals;
Informed consent: practice guidelines and standardized informed consent forms (risks and benefits of remote therapy and research) are recommended;
Professional secrecy;
Patients medical records availability;
Noncompliance;
Autonomy;
Professional–patient relationship;
Nonmaleficence and beneficence (minimize harm);
Service quality and effectiveness;
How frameworks, codes of conduct, or guidelines, are being used to improve ethical telehealth practice;
Confidentiality;
Liability;
Reimbursement;
Access for rural/remote populations, patients of diverse races, ethnicities, socioeconomic statuses (equity, justice);
Licensing requirements;
Risk of malpractice and insurance coverage;
Establishment of protocols for
managing laboratory tests, prescriptions, and scheduling;
Recording issues: doctors must obtain consent before recording, patients do not need a doctor’s consent to record a consultation;
Tailoring services to each patient;
Patient and clinicians responsibilities;
Commercialization;
Cybersecurity and software safety;
Evaluation as an ethical imperative (sound evidence on which to base analyses, decisions, and services);
Compliance with ethical principles;
Legality of patient recording depends on the state or territory: in certain jurisdictions, patients can secretly record a consultation without the consent of the clinician and this recording may be used in legal or disciplinary proceedings;
Patient’s medical records will
generally be held and owned by the clinician or health care
organization, but patients are entitled to access and take a copy of their records;
Safeguarding risks (patient self-harm);
Safety (such as how to deal with a patient falling in their home during a consultation): guidance to ensure the safety of patients and clinicians in delivering virtual consultations is needed;
Health Insurance Portability and Accountability Act (HIPAA) law revision;
Fidelity and responsibility (trusting relationships);
Integrity (no fraudulent behavior nor personal gain);
Respect for people’s rights and dignity (protect privacy and safeguarding);
Need of ethics code;
Boundaries of competence;
Unfair discrimination in treatment delivery;
Digital communication with patients must be compliant with the country’s and organization’s data protection and telehealth regulations that are rapidly evolving and subject to change.
Nursing;
Radiology;
Neurology;
Dermatology;
Psychotherapy and mental health.
Clinical and routinehealth care;
Follow-up care and of chronic diseases;
Chronic medical illnesses and malignancies care;
Visits to determine the urgency of medical or surgical interventions;
COVID-19 severe cases screening;
Monitoring clinically
stable patients;
Maintaining outpatient care;
Mental health care;
Radiology;
Cardiological diagnosis;
Dermatology care;
Ophthalmology care;
Otorhinolaryngology care;
Non urgent clinical care;
Second opinions and medical check-ups;
Complementary service to face-to-face consultations;
Virtual Orthopaedic and Musculoskeletal care;
Daily clinical practice such as perinatal and neonatal care;
Preventive care;
Diagnosis and
treatment of a health condition;
Psychological care;
Management of diabetes, hypertension, asthma, stroke, cancers, and chronic pain;
Triage and management of a wide range of acute conditions.
Systematic
Review;
5 Reviews;
Special Article;
Ethics and Law article;
Research Article;
Legislation Article;
Legal issues and risk management article;
Ethics Article;
Recommendations
Various,
USA;
India;
Brazil;
UK;
Various;
Spain;
Australia;
[16]
[19]
[21]
[23]
[26]
[11]
[6]
[28]
[29]
[30]
[31]
[33]
[34]
Pediatric and
adolescent
telehealth;
Behavioral telehealth.
Privacy and security challenges;
Inequitable access to care;
Unsustainable costs in a fee-for-service system;
Lack of quality metrics for novel care-delivery modalities;
Telehealth policies and regulations (e.g., payer restrictions on telehealth reimbursement, complex medication-prescribing regulations for virtual care).
Pediatric ambulatory care;
Adolescent care;
Screening;
Presurgical visit;
Chronic condition management;
Follow-up appointments;
Behavioral and mental health (ADHD, Depression).
Review USA [10]
Telemedicine
for abortion
Informed consent;
Safeguarding support;
Good-quality care;
Equity of access.
Abortion medication and care. Review
(viewpoint)
Various [17]
Teledermatology Informed consent;
Medical ethics;
Lack of personal relationship between the patient and the dermatologist is a main ethical concern;
Strictness of law varies from country to country;
Malpractice or risk of telemalpractice (phantom patient);
Risk of abuse and breaches of patient confidentiality;
Patient’s autonomy;
Privacy;
Data protection.
Dermatology care and treatment;
Chronic skin conditions with co-morbidities;
Skin disorders;
Skin diseases care;
Diagnostic and treatment purposes;
Follow-up appointments.
2 Reviews;
Research
Article.
India;
Various.
[18]
[20]
[27]
Teleneurology Malpractice coverage;
Data protection;
Informed consent;
Patient privacy;
Validation and development of best practice standards.
Neurology outpatient care;
Follow-up visits.
Review USA [22]
Sport and exercise medicine telehealth Ensure patient safety;
Secure and effective communication methods;
Ensure that patient feedback mechanisms are in place;
Evaluate and ensure patient satisfaction;
Informed care and shared treatment decisions;
Promoting open communication
and consent;
Mutual respect;
Access to health information;
Physician autonomy and responsibilities.
Clinical care in the broad field of sports medicine;
Follow-up consultations.
Review Various [24]
Telepsychiatry,
Teleanalysis or Teletherapy
Telemedicine use;
Privacy;
Confidentiality;
Data protection;
Security;
Informed consent;
Physician’s malpractice
and liability.
Patient benefice;
Justice (support/access is variable);
Autonomy;
Licensing and reimbursement;
New guidelines to ensure patient privacy and quality of care.
Psychiatric and mental health care services
and assistance;
Psychoanalysis;
Psychotherapy.
Review;
Healthcare
ethics
article
Various;
USA.
[25]
[32]
[8]
Telecardiology;
Telemonitoring in dialysis;
Telemonitoring in diabetes;
Perinatal Telemonitoring.
Authorization and accreditation;
Protection of patient
confidentiality;
Professional liability (e.g.,: incorrect diagnosis: erroneous reading of the report or to the poor quality of transmitted images);
Absence of specific regulatory provisions;
Physician–patient relationship;
Privacy;
Informed consent;
Data sharing;
Malpractice;
Information security;
Patient self-determination;
Standardization of the practices;
Economic reimbursement.
COVID-19 care;
Chronically ill out-of-hospital patients
(cardiology, diabetes);
Nephrology;
Endocrinology;
Gynecology.
Commentary Italy [1]