Análisis de la falta de normativa en la telemedicina en Ecuador: implicaciones éticas y legales y su impacto en el marco legal vigente

Abstract

The paper examines the regulation of telemedicine in Ecuador, its legal and ethical implications, and the country’s lack of robust regulations. Technology, as a transformative tool in medical practice, facilitates the provision of remote healthcare services through digital tools. The paper also analyzes the context of telemedicine in Ecuador and compares it with developed countries such as the United States and Canada, which already have established regulations that guarantee the protection, safety, respect, and quality of services. The analysis examines existing laws in Ecuador, such as the Organic Law on Personal Data Protection, which do not specifically regulate telemedicine, leaving regulatory gaps that limit the potential of telemedicine. The right to health, the principles of the Ecuadorian Constitution, and international agreements are analyzed, and the analysis is limited to telemedicine and how regulations can ensure ethical and legal practice. Ecuador needs to pursue efficient regulation of telemedicine to safeguard personal data protection, ensure informed consent of patients, and implement these services effectively and within legal frameworks to defend the right to health in an efficient and accessible manner.