Civil liability for telemedicine services under exceptional circumstances

Abstract

      This article examines the legal issue associated with determining civil liability arising from the provision of telemedicine services, a modern branch of medical practice that relies on digital technology to diagnose and treat patients remotely. This issue is gaining increasing importance in light of the accelerating digital transformation, particularly after the COVID-19 pandemic, which has increased reliance on this medical model. The researcher reaches several conclusions, the most important of which is that Algerian law does not stipulate the regulation of telemedicine services in any legislation regulating medical practice. This is in contrast to French, Emirati, and Moroccan lawmakers, who have established specific legal texts and regulations for remote healthcare. Therefore, when determining civil liability for telemedicine services in Algeria, we can refer to the general rules of civil liability contained in the Algerian Civil Code.