미국 원격의료에서 논의되는 법적 논쟁: 자격인증/특별인가와 의료과오 책임을 중심으로

Abstract

The main purpose of this article is to examine Telemedicine in the United States in order to formulate legal arguments. This article explores Legal Issues in Telemedicine, particularly legal and regulatory hurdles in the United States. This article will discuss how the United States has been practicing Telemedicine services under their own legal and regulatory systems. This article will provide a roadmap to the new direction of Telemedicine in South Korea because Telemedicine services promise to save on medical costs, allow better access for patients who live in remote areas where medical resources are limited, and ultimately bring improved quality of care to patients. These benefits are becoming more attractive to both health providers and patients. The development of the Internet has fundamentally altered our lives and the way we interact with one another. It allows for a rapid exchange of information and services that would have been impossible prior to its proliferation in society. The Internet has, in many ways, made the world smaller. According to a study, the total population of the North America was 348,280,154 in 2012. Among them, the total numbers of the Internet users was 108,096,800 in Dec. 31 2000. Recently, however, the total number Internet users in the United States increased to 273,785,413. The more recent data suggests that 78.6% of the population of the United States actively uses the Internet. In other words, Internet usage in the 12 years between 2000 and 2012 surged by 153%. This figure shows demonstrate show many people’s lives are closely related to Internet use. European and Asia countries are expected to mirror this phenomenon as well. Thanks to advances in the Internet and Information Technology (IT), people have greater access to technologies than ever before. In fact, the development of new medical devices and equipment is poised to change the way medical industries do business. Telemedicine is one example of internet-driven technological advancement. This article will overview two major legal and regulatory impediments to Telemedicine in the United States, including: (1) Credentialing/Privileging and (2) Telemedical Malpractice. Finally, it will introduce and analyze relevant cases in the United States dealing with Telemedicine and provide a general picture of the emerging Telemedicine services in South Korea.