Medical Malpractice in Telehealth

Many people have become aware of telehealth visits in the last few years. While some people prefer to commute to a doctor’s office to receive a checkup and speak to their doctor in person, others who live in remote areas or are too busy to go to a doctor’s office for every appointment may find telehealth helpful and convenient.

Doctors and nurses can also protect themselves from some illnesses by offering their patients these types of appointments. However, this does not negate the potential risks and issues that can arise with telehealth visits, which can lead to medical malpractice.

What is telehealth?

Telehealth, also called telemedicine, is a type of medical appointment in which patients receive the medical attention and care they need through technology. For example, suppose you meet with your doctor on the computer to discuss a new infection you are experiencing. In that case, the appointment is considered to be virtual or remote, which makes it a telehealth visit. Telehealth appointments can also be conducted over the phone or through messaging apps.

The goal of telehealth visits is to ensure that patients can still receive medical care without having to visit a doctor in person. Therefore, as long as you have an internet connection and your doctor offers telehealth appointments, you can obtain medical assistance from the comfort of your home or anywhere else that is convenient for you.

What is the standard of care for telehealth in Seattle?

According to the Washington Medical Commission, the standard of care for telehealth is the same as the standard of care for in-person medical visits. Therefore, doctors, physician assistants, nurse practitioners, and nurses who use telehealth must follow the same rules and guidelines as they would for their patients attending in-person appointments. This means that these medical professionals are required to offer the same level of appropriate and safe care as any other competent medical professional with the same background, education, and experience.

The Washington Medical Commission states that it “will hold a practitioner who uses telemedicine to the same standard of care and professional ethics as a practitioner using a traditional in-person encounter with a patient. The failure to follow the appropriate standard of care or professional ethics while using telemedicine may subject the practitioner to discipline by the Commission.”

The following is the expected standard of care for telehealth appointments in Seattle and the rest of the state of Washington:

• Medical professionals who use telehealth must ensure that the medical care provided is consistent with the scope of practice.
• Medical professionals who use telehealth must verify the patient’s identity before discussing the issue and offering treatment. The patient must also be able to identify the medical professional’s identity by credentials or licensure.
• Medical professionals who use telehealth must be able to establish a patient-provider relationship. This relationship is usually established when the medical professional agrees to diagnose and assess the patient’s condition, and the patient allows the medical professional to perform a diagnosis and offer treatment.
• Medical professionals who use telehealth are responsible for deciding when telehealth is appropriate. If the patient needs a physical examination or a specific diagnosis or treatment that can only be done with an in-person appointment, telehealth is not appropriate and should not be recommended or allowed.
• Medical professionals who use telehealth should ensure that they receive informed consent from the patient, which can be given in writing or orally.
• Medical professionals who use telehealth should offer follow-up care, keep and maintain patient records in a safe and secure place, and follow all security and privacy procedures.

Are medical mistakes and errors more common in telehealth visits?

One of the most common questions that patients and even medical providers ask is whether medical mistakes and errors are more common in telehealth visits. While Seattle telehealth visits have been proven to be very beneficial because they provide accessibility, flexibility, convenience, and low-cost medical care, these appointments do take out the in-person connection or meeting between doctors and their patients, which can lead to medical mistakes and errors. This means that telehealth visits do have the potential to result in mistakes and errors, but they are usually much smaller than the mistakes or errors that can occur in in-person visits, such as surgical mistakes.

In order to reduce the chances of medical errors or mistakes occurring in telehealth, it is crucial for medical providers to determine whether a telehealth visit is appropriate based on the patient’s medical problem or condition. If it is determined in the appointment that the patient needs in-person assistance, the provider should recommend this right away.

What are some of the legal challenges that often emerge from telehealth appointments?

There are several legal challenges that often emerge from telehealth appointments. Here are a few issues to keep in mind.

HIPAA and patient privacy concerns

One of the most common legal challenges that often arises with telehealth visits is the ability to follow HIPAA and ensure the protection of patient privacy. Therefore, doctor’s offices that offer telehealth visits must use certain platforms and communication methods that follow patient privacy and HIPAA standards. This ensures that patients’ information is secure and protected during their remote visits and that hackers cannot access this data and information.

Misdiagnosis

Since doctors and nurses are limited on the amount of information they can gather about a patient remotely, this can cause challenges when diagnosing certain illnesses and conditions. For example, a doctor may be unable to get a clear view of a spot on the patient’s skin due to the poor internet connection or camera quality, and they cannot touch or feel whether it is a rash, lump, or even a mass since the visit is being conducted remotely. This could result in a misdiagnosis or delayed diagnosis, which could lead to severe and life-long complications for the patient.

Failing to provide the standard of care

Regardless of where the telehealth visit takes place, patients are required to receive the same level of medical care and guidance that they would in an in-person visit. Therefore, doctors and nurses must be able to adapt and adjust in a way that ensures that the patient receives the standard of care in a telehealth appointment.

Lack of informed consent

Patients must give informed consent to the doctor. This means that the doctor must go over the nature, services, risks, benefits, and even potential downfalls of a telehealth appointment with the patient. If the patient consents to this type of appointment and allows the doctor to diagnose and treat them virtually, this means that informed consent has been provided. While informed consent can be given in writing or orally, it is typically recommended for doctors to ask their patients to sign something in case any questions emerge in the future about consent.

Cybersecurity or fraud issues

When anything is done over the internet, cybersecurity and fraud becomes a huge risk. Therefore, before a patient begins discussing their medical problems with the doctor, they should ensure that the doctor is who they say they are. This can usually be done by reviewing licensure or credentials. In addition, the doctor’s office offering telehealth services must have strong and effective cybersecurity measures in place to prevent any data breaches or hacks, which could compromise patients’ records, information, and documents.

If you recently suffered additional injuries or illnesses or your condition became worse after receiving negligent medical treatment through a telehealth appointment, you may be eligible to file a medical malpractice claim and seek compensation for your damages. A Seattle medical malpractice lawyer from Smith McBroom can review your situation and circumstances, help you gather evidence and information to support your side of the story, and ensure that you pursue the best course of legal action to obtain the outcome you need and deserve to move forward with your life. Please call our office or submit our contact form to schedule a free case evaluation at our Tukwila office today.