Malpractice Risks in the Age of Telemedicine
Since the pandemic, telemedicine has grown dramatically among physicians. According to the American Medical Association, nearly 75% of all doctors practice telemedicine, which is only slightly down from the number in 2020, at the peak of COVID.
Telemedicine presents opportunities to connect with patients around the state, but the practice also raises certain malpractice risks which practitioners must be aware of. Contact Snyder Heitman LLC if you have questions about malpractice lawsuits. We defend providers from legal claims that they provided substandard medical care.
Main Risks with Telehealth
Some of the main risks include:
- Failure to Escalate
A provider who talks with a patient over the phone or Zoom might fail to refer their patient to the emergency room for evaluation or order diagnostic tests. Of course, this risk is present even when meeting with patients in person. But the risk increases with telemedicine due to miscommunication and the failure to observe a patient up close and in person.
- Failure to Obtain Informed Consent
Some patients are more hesitant to ask questions via telemedicine than when meeting in person. Accordingly, a provider might fail to provide sufficient information for the patient to make an informed choice. This is an area providers must pay close attention to.
- Communication Breakdowns
Young people might be more comfortable talking remotely via zoom or other technology, but older patients might struggle. Communication breakdowns increase, which can compromise care and lead to increased diagnostic errors, lack of informed consent, and treatment mistakes.
- Diagnostic Mistakes
A provider can glean only so much information from a person via Zoom or questionnaires online. Sometimes seeing a patient in person reveals critical information which is pivotal to a correct and timely diagnosis. The risk of misdiagnosis increases when providing patient care via telehealth because a provider is relying on less information.
- Patient Fraud
Some patients might lie about their identities when accessing telehealth. Providers must be especially vigilant to confirm the patient’s identity before writing prescriptions. Failure to use caution can result in furthering patient schemes and could lead to regulatory investigation and possible loss of your license.
The Legal Standard Remains the Same
Providers must provide competent care in South Carolina, and the use of telemedicine does not relieve doctors and other providers of their duty to render prudent service. Instead, the legal test is the same: what care would a reasonably prudent provider have offered under similar circumstances? If you are below this threshold, then you can face lawsuits and regulatory investigations.
If you are facing a lawsuit, then reach out to an experienced medical malpractice defense lawyer. The legal standard of care does not require perfection or impose liability for all mistakes. The use of telemedicine might complicate these cases legally. This is an emerging area of law.
Schedule a Consultation with Our Legal Team
Providers need reliable legal advice to help them navigate the challenges of providing telehealth services. Snyder Heitman is at the forefront of medical malpractice defense in Greenville, Spartanburg, and Upstate South Carolina. Call or submit your information online to get started.
Source:
ama-assn.org/practice-management/digital-health/new-data-details-how-telehealth-use-varies-physician-specialty