An analysis of telemedical liabilities under the Nigerian laws

Abstract

Telemedicine which essentially is the provision of healthcare services, clinical information and education over a distance using telecommunications technology; is different from conventional medical practice, in that the former happens mostly in the cyberspace involving internet service providers, practitioners and patients in sometimes, different nations and jurisdictions. This multi-disciplinary and cross-functional nature of telemedicine creates various liability risks otherwise known as telemedical liabilities which could either be civil or criminal. This paper analyses the various telemedical liabilities under the Nigerian laws, arising from the actions or inactions of service providers, medical practitioners and patients. Unlike in conventional medical practice where issues of liability are easily ascertained, it is not always clear-cut in telemedical liabilities. In such cases, there is need for clarity in the relationship between the tele-patient and the practitioner.