Abstract

Medicine and technology are two fields that knew a continuous evolution and multiple innovations that their cooperation amazes us daily. Their fusion creates a dazzling medical-technological synergy with which patients far from their doctor could benefit from adequate follow-up. This homogeneity will certainly increase their expectations for a bright future. Telemedicine and AI are the two major aspects of this merger. Faced with this incessant technological evolution, medicine would do its part by creating telemedicine as a form of remote medical practice using information and communication technologies. It puts a medical professional in contact with one or more health professionals with each other or with the patient and, if necessary, other professionals providing their care to the patient. Telemedicine greatly facilitates communication between patients and health professionals or between health professionals themselves. It also makes it easy to request a specialized opinion abroad. The preponderance of this technique appeared in particular during the Covid-19 period (from the year 2020), a pandemic that ravaged the world, including Morocco, putting the population at home in the context of confinement in order to reduce human contact and subsequently the spread of the virus among the human race. However, multiple questions are raised regarding the nature of the responsibility attributed to health professionals in the event of misdiagnosis or false remote prescription; does it have the same basis as ordinary liability? what is the fate of personal data?

To answer these questions, we started bibliographic research in Moroccan law while comparing it with French law to see to what extent the legislator was able to frame these newly introduced processes in Morocco.

Keywords:Telemedicine; Law; Liability; Health professionals; Data protection; Confidentiality; Security