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What malpractice risks arise with telemedicine growth?

On Behalf of | Nov 14, 2024 | Medical Malpractice

Telemedicine has changed the way patients interact with healthcare providers. It offers convenience and accessibility, especially for those in remote areas. However, this rapid rise of telehealth has also brought new legal concerns, especially related to medical malpractice.

Increased risk of misdiagnosis

Telemedicine often involves diagnosing patients without a physical examination. The lack of in-person assessments can increase the risk of misdiagnosis. A healthcare provider may not notice physical symptoms or nuances over a video call, which could lead to incorrect or delayed diagnoses. Patients filing medical malpractice claims often argue that the virtual nature of the visit prevented proper evaluation.

Issues with standard of care

The standard of care in telemedicine remains a growing issue. Healthcare professionals must meet the same standard of care as they would in traditional settings. However, the lack of uniform guidelines for telehealth practices makes it challenging to determine liability in some cases. This has led to debates and more medical malpractice claims as courts try to assess if a provider met the required standard.

Challenges with technology

Technology failures also contribute to medical malpractice concerns in telemedicine. Poor internet connections, software glitches, or technical difficulties can impact the quality of the healthcare service provided. If a medical provider misses vital information because of technology issues, patients may have grounds for a malpractice claim.

Informed consent complexities

Informed consent is crucial in telemedicine, just as it is in traditional healthcare. The unique nature of virtual consultations can make ensuring patients fully understand their diagnosis and treatment options more difficult. Issues with informed consent have led to malpractice claims when patients argue that they did not fully understand the risks of a recommended course of treatment.

Navigating telemedicine malpractice

The rise of telemedicine has created new opportunities and new risks. Patients and healthcare providers alike must navigate these changes to ensure safe and effective care. Understanding the unique challenges of telemedicine can help mitigate malpractice claims while allowing patients to benefit from its convenience.

Telemedicine continues to evolve, and both patients and providers must adapt to its growing role in healthcare. With careful consideration of good practices and a commitment to addressing potential pitfalls, telemedicine can fulfill its promise of accessible, quality care without unnecessary legal complications.