What About Telemedicine and Medical Malpractice?

Let’s talk about telemedicine and medical malpractice. With practically every other aspect of our lives touched by technology, it is little wonder that medical care is now going digital.  If medical care is going digital, what about telemedicine and medical malpractice? This is a question that has plagued attorneys, doctors, regulators, legislators, medical malpractice insurers, and certainly the public since the concept of telemedicine first emerged.  How much do we really know about telemedicine?

What is Telemedicine?

Telemedicine is an emerging technology that allows patients to use technology to obtain a diagnosis and treatment plan.  This form of remote medical care uses audio and video that allows patients to communicate with healthcare providers in real time.  When face-to-face consultation is not necessary, or is not available, the patient and healthcare provider may simply speak over the phone.

What are the Benefits of Telemedicine?

Supporters of telemedicine assert the convenience of remote medical care, especially after office hours.  Telemedicine is also viewed as being a favorable alternative to visiting a doctor’s office or emergency room (ER) for minor ailments or a consultation.  Further, telemedicine  is considered a positive complement to routine medical care as a means of following up with patients.

What are the Risks of Telemedicine?

Telemedicine is not suitable for every healthcare need, and researchers seem to agree that there is insufficient evidence to determine telemedicine as a suitable or cost-effective alternative to traditional medical care.  There are a few primary risks associated with telemedicine, including:

• Malfunctions – Glitches in computer programs, records, or miscommunication can lead to serious complications or medical mistakes. Patient records may also be incorrect, leading to mistakes like prescribing the wrong medication, or a medication that the patient is allergic to.
• Software Limitations – Telemedicine largely relies on the applications, or software, used to maintain records and run the system. If these applications are not programmed with precise accuracy, or if they become compromised, patients may not get help in time to ensure a positive outcome.
• Hackers – Like any technology, telemedicine runs the risk of being vulnerable to hackers. Hackers pose a particularly volatile risk to patients.  Hackers may alter medical records, adjust electronically controlled devices, tamper with communication records, or assume the identity of a healthcare provider and speak to clients.  Any time technology uses the internet, there is a risk of invasion and tampering.
• Doctor Negligence – There are also those who are concerned that telemedicine will open new avenues for doctor negligence or medical malpractice. Healthcare providers might perceive their role in telemedicine as less important than their clinic work.  There is also the risk of healthcare providers who have been sanctioned for substandard care to seek out positions in telemedicine, since they technically will not be “seeing” patients in the standard manner.

Any time you see a healthcare provider, there are risks involved in assuring that the proper diagnosis and treatment options are provided. Telemedicine carries a new set of risks and concerns. If you have questions about telemedicine and medical malpractice, and how telemedicine could impact your health or legal rights, contact MedMalFirm.com to learn more.

Telemedicine Standards

The primary governing standards and guidelines for telemedicine were developed by the American Telemedicine Association (ATA).  These core standards are designed for any individual practitioner, group practice, hospital, or health-related service provider who may offer care via telemedicine.  In 2012, the Centers for Medicare & Medicaid Services (CMS) approved final revisions to the Joint Commission’s credentialing and privileging of telemedicine practitioners in hospitals.  These standards address the elements of leadership and medical staff as related to providing services for Medicare and Medicaid recipients.

The ATA has several sets of practices and guidelines for practitioners.  These vary depending on the practitioner’s specialization or designation.  Some of the guidelines include:

• Administrative Guidelines – Address human resources, privacy and confidentiality, regulatory and ethics requirements, patient rights and responsibilities, network and data access and security, use of devices and technology, technical and medical competence.
• Health Professionals – Required to do the following:
  • Offer care consistent with all applicable regulatory, credentialing, licensing, privileging, and malpractice insurance and laws.
  • Shall be cognizant of establishing a provider-patient relationship.
  • Shall proceed with evidence-based standards of care.
  • Shall have necessary training, education, licensing, and maintained ongoing professional development in order to safely provide care.
  • Have the responsibility of ensuring that workplaces are secure, private, and reasonably soundproof to ensure patient confidentiality.  Guidelines recommend telemedicine sessions be conducted in a secure area free of distractions or unexpected entry.
• Clinical Guidelines – Professionals involved in telemedicine are required to abide by pertinent professional discipline guidelines.  Further, they are required to abide by local, state, and federal regulations.  Clinical staff are also required to do the following when working with patients:
  • Provide verification of identity and credentials
  • Provide a location where the patient can verify said credentials
  • Provide the patient with direct contact information
  • Review expectations regarding further contact between the patient and provider, as well as emergency management protocols.
  • If needed, receive specialized training in telemedicine software or related devices.
  • Be familiar with local hospitals and travel requirements in the event that referral or emergency care is needed.

This list show only a glimpse of the standards required of telemedicine practitioners.  What it shows is that officials take telemedicine and medical malpractice concerns seriously, and are working to provide adequate oversight as telemedicine continues to rise in popularity. To learn more about these standards, you can view the full document at the ATA website.

Telemedicine and Medical Malpractice: Your Rights

As this article suggests, there are numerous guidelines and practices that healthcare providers must adhere to when offering care via telemedicine.  Similar to the standards of care followed in traditional medical settings, these guidelines are crucial to patient safety.  Unfortunately the reality is that mistakes happen, and sometimes healthcare providers behave in ways that are negligent or even criminal.  Telemedicine and medical malpractice, and associated risks, will no doubt continue to be a hot topic as technology continues to advance.

When healthcare providers behave negligently, medical equipment malfunctions, or mistakes are made due to miscommunication, your health and wellbeing is jeopardized.  As a patient, you have the right to healthcare that is in accordance with applicable laws and medical standards.  And that includes telemedicine.  If you have been harmed due to substandard medical care, defective medical devices, or negligence by medical staff, contact MedMalFirm.com to request a free consultation.

Telemedicine and medical malpractice are serious issues, and you deserve to have your legal rights upheld, and to pursue justice. At MedMalFirm.com – that is what we do. Fill out our online form to get started, or call toll free at 877-887-4850.