Análise da telemedicina em tempos de pandemia e suas implicações jurídicas

Abstract

The present proposal is to deal with the practice known as Telemedicine, a branch of medical activity that seeks to provide health services through technological means of communication between great distances, also analyzing the effects that this practice has in a situation of generalized pandemic like the one currently caused by COVID-19. The importance of addressing this issue is housed in the need for an introductory study on this, as well as in the demonstration of the effects that the teledigital services have in fighting the pandemic and in maintaining social distance. The difficulties encountered in relation to this theme surround the efficiency of a health system weakened because of the pandemic, as well as by the small amount of legislation about the modality of teledigital attendance, which makes the jurisprudence incipient. Thus, the present work presents an initial survey, based on bibliographic and documentary material, demonstrating which sources currently guide the practice of telemedicine, how this is important in combating the pandemic and what are the challenges for its continuation in the post-pandemic, bearing in mind that our society is becoming increasingly digitalized. The methodology applied was qualitative with inductive method, with basic and exploratory initial purpose, since there is little data on the present, however serving as a basis for future in-depth research. Therefore, it is concluded that a new and more direct legislation regarding the practices involving telemedicine is proving to be urgent, still for the post-pandemic, covering the safety of patient data, the civil responsibility of the health professional, the possibilities of teledigital care and the online follow-up of patients who have already gone through primary care.