UNDERSTANDING THE LEGAL AND ETHICAL ISSUES IN THE PRACTICE OF TELEMEDICINE IN NIGERIA

Abstract

Telemedicine is the delivery of health care services at a distance using electronic means for ailment diagnosis, prevention and treatment of illnesses. Telemedicine is a fast-evolving service to provide increased access to high- quality healthcare that is efficient and cost-effective, especially amid the current COVID-19 pandemic and other possible pandemics in the future. However, in spite of all of the promises and health communication benefits that telemedicine is capable of delivering, it also creates serious legal and ethical issues that obstruct or threaten its growth and implementation in various ways. Thus, this article employs a doctrinal approach for this research, which uses the primary and secondary sources of law in highlighting telemedicine practices, legislation, and implementation in Nigeria. The paper highlights the legal and ethical issues that may arise in the practice of telemedicine in Nigeria. These include the health professional's obligations and future liability, the obligation to protect the security and privacy of medical information, and the jurisdictional issues that come with cross-border services. The Paper finds that the inadequacy of the legal framework discourages many medical practitioners and healthcare providers from taking part in telemedicine practice due to the fear of medical malpractice liability. The Paper also finds that the laws that partly regulate telemedicine activities in Nigeria do not answer the ethical and legal issues that spring from the practice of telemedicine. The paper concludes with a recommendation for the enactment of a suitable regulatory framework that provides certainty to all stakeholders involved in this mode of healthcare delivery.