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Proceedings Paper

Telecommunications, health care and legal liability
Author(s): Chris Levy
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Paper Abstract

Regulation of health care telecommunications is fragmented in Canada. Further neither the legislative nor the administrative nor the judicial processes have managed to respond successfully to the impact of telecommunications technology. The result is a legal environment that is necessarily speculative for both telecommunications service providers and health care personnel and facilities. Critical issues include ensuring confidentiality for sensitive patient records and health information liability of telecommunications service providers for inaccurate transmission liability of health care providers for use or non-use of telecommunications services. Limitation of legal liability for both telecommunications and health care service providers is likely to be most effective when based on contract but the creation of the necessary contracts is potentially unduly cumbersome both legally and practically. 1. CONSTITUTIONAL ASPECTS Telecommunications systems that are empowered to operate or connect cross provincial or international boundaries are subject to federal regulation bu the scheme is incomplete in respect of a system set up as a provincial agency. Health care on the other hand is very much a matter of provincial rather than federal authority as a matter of strict law but the fiscal strength of the federal government enables it to provide money to the provinces for financing health care and to4 use this as a device for securing compliance with certain federal standards. Nevertheless the political willingness of the federal health authorities to impose standards on the provinces

Paper Details

Date Published: 1 June 1990
PDF: 6 pages
Proc. SPIE 1355, Telecommunication for Health Care: Telemetry, Teleradiology, and Telemedicine, (1 June 1990); doi: 10.1117/12.23882
Show Author Affiliations
Chris Levy, Univ. of Calgary (Canada)


Published in SPIE Proceedings Vol. 1355:
Telecommunication for Health Care: Telemetry, Teleradiology, and Telemedicine

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