e-Health continued
e-Health is everything that has to do with care provision with an electronic infrastructure, so
including mobile apps and platforms that you can find on the internet and exclude extreme types of
tell medicines, like long distance surgery. Although there is no evidence for it, many politicians
expect a lot from e-Health and m-Health by providing healthcare in a new way and by postponing the
demand for the need for healthcare. There are a lot of liberal and big firms that stimulate the
development of these new technologies but nobody seems to think about their evaluation and the
few people that do seem merely concerned about the safety and security issues and the quality of
the services delivered. Problems with regard to P&DP and distributive justice are often seen as
problems by consumers, so if you want to stimulate the adoption of these new technologies this
should be taken into account. You should create trust so users and care providers know that they can
use the technologies without risk and if a disaster would happen, you’d be compensated or people
who caused it will be held liable. By including this already in the design of the technology, you will
create a certain level of trust. It is about the care provider on the one hand and the patient on the
other hand. If the health care provider already refuses to use the application, you can forget about
the patient.
The law relevant for these kind of platforms and apps is still adapted to the traditional situation in
healthcare and e-Health changes this traditional relation. How is this done?
Example about diabetes II
Many apps are introduced with which patients can provide their glucoses levels, blood pressure data,
weights data, information about their food patterns and physical exercises. On the basis of this input,
the system can provide feedback and call for an interference by a doctor in case of abnormalities.
What are the changes to the normal practice? In the traditional system, there is a high need for care
for diabetes. In the e-Health system, patients will be able to do a lot more in their own environment.
Transformations from traditional health to eHealth
I. Distance is created between the patient and the doctor, the doctor is not able to see the
patient anymore as the latter stays at home and just transfers some data
II. Parts of the role of the doctor are now taken over by the patient, so the patient partially
becomes his or her own care provider
III. Activities of the professionals (in so far as they are still involved) will be often intertwined
with others, there will be more doctors and different specialists involved, for example
engineers, in order to secure that communication is safe
IV. The system as such will provide the patient with information
V. Movement from the public sphere to the private sphere of people
VI. The patient and professional are further digitized and the system is completely readable.
Datafication (term introduced by Schönberg, expert in IT-law)
VII. Roles and causation chains change which will cause other liabilities to emerge
VIII. Privacy and Data protection become more important in eHealth than medical confidentiality
as there are all kinds of different professionals involved other than purely medical ones
IX. Digitization of the system will cause the correctness of the data and issues of authentication
to become more important (in an eHealth situation you want to know whether the patient
on the other side really is the patient that you think he is, as there are others providing data
about the blood pressure levels involved): security and safety issues
e-Health is everything that has to do with care provision with an electronic infrastructure, so
including mobile apps and platforms that you can find on the internet and exclude extreme types of
tell medicines, like long distance surgery. Although there is no evidence for it, many politicians
expect a lot from e-Health and m-Health by providing healthcare in a new way and by postponing the
demand for the need for healthcare. There are a lot of liberal and big firms that stimulate the
development of these new technologies but nobody seems to think about their evaluation and the
few people that do seem merely concerned about the safety and security issues and the quality of
the services delivered. Problems with regard to P&DP and distributive justice are often seen as
problems by consumers, so if you want to stimulate the adoption of these new technologies this
should be taken into account. You should create trust so users and care providers know that they can
use the technologies without risk and if a disaster would happen, you’d be compensated or people
who caused it will be held liable. By including this already in the design of the technology, you will
create a certain level of trust. It is about the care provider on the one hand and the patient on the
other hand. If the health care provider already refuses to use the application, you can forget about
the patient.
The law relevant for these kind of platforms and apps is still adapted to the traditional situation in
healthcare and e-Health changes this traditional relation. How is this done?
Example about diabetes II
Many apps are introduced with which patients can provide their glucoses levels, blood pressure data,
weights data, information about their food patterns and physical exercises. On the basis of this input,
the system can provide feedback and call for an interference by a doctor in case of abnormalities.
What are the changes to the normal practice? In the traditional system, there is a high need for care
for diabetes. In the e-Health system, patients will be able to do a lot more in their own environment.
Transformations from traditional health to eHealth
I. Distance is created between the patient and the doctor, the doctor is not able to see the
patient anymore as the latter stays at home and just transfers some data
II. Parts of the role of the doctor are now taken over by the patient, so the patient partially
becomes his or her own care provider
III. Activities of the professionals (in so far as they are still involved) will be often intertwined
with others, there will be more doctors and different specialists involved, for example
engineers, in order to secure that communication is safe
IV. The system as such will provide the patient with information
V. Movement from the public sphere to the private sphere of people
VI. The patient and professional are further digitized and the system is completely readable.
Datafication (term introduced by Schönberg, expert in IT-law)
VII. Roles and causation chains change which will cause other liabilities to emerge
VIII. Privacy and Data protection become more important in eHealth than medical confidentiality
as there are all kinds of different professionals involved other than purely medical ones
IX. Digitization of the system will cause the correctness of the data and issues of authentication
to become more important (in an eHealth situation you want to know whether the patient
on the other side really is the patient that you think he is, as there are others providing data
about the blood pressure levels involved): security and safety issues
