The digital age of health
Driven by the pandemic, telemedicine is a valuable tool for improving access to healthcare, but it requires addressing ethical-legal challenges and ensuring an adequate regulatory framework for its effective implementation
Image: Marco Alexandre Saias, from Ambar Partners Portugal; Ofelia de Lorenzo Aparici, partner in charge of the litigation department at De Lorenzo Abogados and Nuria Portell Salom, director of the public law area at Broseta.
by mercedes galán
Telemedicine, as defined by the World Health Organisation (WHO), involves the provision of health services at a distance through the exchange of valid information for diagnosis, treatment, prevention, research and continuing professional development. On whether it represents the future of healthcare, Marco Alexandre Saias, from Ambar Partners Portugal, is clear about this “telemedicine is already the future along with other technologies that are already being implemented in the field and contribute to improving healthcare delivery and the quality of life of patients, such as AI/ML tools, virtual collaboration in real time, blockchain, remote patient monitoring, mobile health and wearables”. Nuria Portell Salom, director of the public law area at Broseta, acknowledges that, in recent years, telemedicine has grown significantly, facilitating healthcare during COVID-19 and improving access for populations with limitations, underlining that “with the ageing of the population and the increase in chronic diseases, its relevance will continue to grow. However, it is crucial to maintain the human-health relationship and ensure a safe environment, which requires the adoption of appropriate regulations”.
There is no doubt that the pandemic marked a before and after. As Ofelia de Lorenzo Aparici, partner in charge of the litigation department at De Lorenzo Abogados, explains, before COVID-19, the Code of Medical Ethics considered telemedicine to be contrary to ethical standards. “However, the pandemic boosted its use, leading the Medical Law and Deontology Commission to publish a document in May 2020 that accepted telemedicine in certain circumstances, such as situations where a face-to-face medical act was not possible or advisable. Already in 2022, the new Code of Medical Ethics formally recognised telemedicine as compliant with deontological standards,” he notes.
In terms of its scope, Saias stresses that, “by improving access, reducing costs and raising the quality of care, it has the potential to close gaps in access to health care and address health disparities, facilitating the human right to health”. In this sense, the platforms available are diverse, including options such as phone calls, online video conferencing or messaging. As Saias points out, “this gives health professionals and citizens access to a set of tools that can be used for a variety of purposes, such as medical consultations, electronic prescriptions and diagnostic tests”. But it should not be forgotten that there are cases where telemedicine should not be the first option. As Ofelia de Lorenzo explains, “telemedicine is present in many medical specialties, but it is important to remember that doctors must be responsible for their actions and that some interventions still require personal and direct contact”.
ETHICAL AND LEGAL PRINCIPLES
