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Legal Dimensions and Physician Liability Requirements in the Telemedical Treatment of Seafarers: An International Approach
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Amir Nezam Barati *   |
| Assistant Professor of Law, Department of Law, Imam Khomeini Maritime Science University, Mazandaran, Iran , nezambarati@gmai.com |
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Abstract: (26 Views) |
Background and Aim: With the advancement of communication technologies, the use of telemedicine aboard ships has gained increasing importance as an effective solution to overcome geographical barriers and provide healthcare services to seafarers. However, the legal and ethical complexities associated with physicians' liability in remote diagnosis, prescription, and treatment follow-up have introduced new challenges. This study aims to systematically analyze the legal and ethical dimensions of physician liability in delivering telemedicine services to seafarers and seeks to propose a clear framework for defining the obligations and responsibilities of physicians, shipowners, and flag states.
Methods: This study employs a descriptive-analytical approach. Data were collected through a review of international documents and regulations, including the Maritime Labour Convention (2006), the SOLAS Convention, World Health Organization guidelines, and relevant human rights covenants. The data were evaluated using qualitative content analysis.
Results: The findings indicate that telemedicine is an essential tool for realizing seafarers' right to health. Physicians retain legal and professional liability for negligence in diagnosis or treatment, even in a virtual setting. Additionally, flag states and shipowners are obligated to provide secure communication infrastructure, basic medical equipment, and protocols for data confidentiality and security.
Conclusion: The application of telemedicine in the maritime context not only enables more equitable access to healthcare services but also necessitates a revision of international and domestic legal frameworks to precisely delineate liability boundaries and protect the rights of all stakeholders. Clearly defining the scope of physician liability and ensuring effective legal safeguards for seafarers can contribute to enhancing health, safety, and professional ethics at sea.
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| Keywords: Telemedicine, Physician Legal Liability, Maritime Law, Seafarers, Human Rights. |
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Full-Text [PDF 482 kb]
(31 Downloads)
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Type of Study: Original Article |
Subject:
Marine Medicine
Received: 2025/10/1 | Accepted: 2025/12/10 | Published: 2025/12/1
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