2024 PA Med Mal Scholarship Winner

Jacqueline Rodero

Medical Malpractice in Telehealth: Navigating Legal, Ethical, and Technological Challenges in Remote Healthcare Delivery

Introduction to Telehealth

The provision of healthcare services using digital platforms, or telehealth, has transformed the medical industry by improving ease and accessibility. Because it maintained social distance protocols while offering vital healthcare services, its popularity soared during the COVID-19 pandemic.

Understanding Medical Malpractice

When a healthcare provider violates the recognized standard of care and causes harm to a patient, this is known as medical malpractice. In conventional settings, direct patient-physician interaction, including comprehensive examinations and diagnostic testing, is the standard of treatment.

Challenges in Telehealth

The identification and mitigation of medical misconduct are made more difficult by the special difficulties that telehealth presents. The possibility of misdiagnosis is a major worry since remote clinicians could not have the essential tactile or visual information needed for precise evaluations.

Legal Considerations: Thinking Like a Medical Malpractice Lawyer

The laws governing medical malpractice in telemedicine are currently being developed. Patient privacy and data security in telehealth are governed by important laws and regulations, such as the Health Insurance Portability and Accountability Act (HIPAA).

Ethical Dilemmas

In telemedicine, ethical considerations are crucial. In order for patients to give their informed consent, providers must make sure they are completely aware of the risks and limits associated with remote care.

Technological Solutions

Technological developments present encouraging ways to reduce the hazards connected to telehealth. By examining patient data, artificial intelligence (AI) might help with diagnosis by spotting possible problems that distant consultations would overlook.

Policy Recommendations

Policymakers must enact precise rules and regulations to mitigate the dangers of medical misconduct in telemedicine. A consistent standard of care can be established with the aid of standardized procedures for telehealth consultations.

Conclusion: Future Outlook

Technology breakthroughs and the growing need for easily accessible healthcare will propel telehealth's future expansion. The legal and medical systems must give patient safety and provider accountability first priority as they adjust to this change.

References

• ASPE. (1996, August 20). Health Insurance Portability and Accountability Act of 1996.
• HHS. (2023, August 31). Telehealth policy changes after the COVID-19 public health emergency.
• Keesara, S., Jonas, A., & Schulman, K. (2020). Covid-19 and Health Care’s Digital Revolution.
• National Consortium of Telehealth Resource Centers | Home.
• Smith, A. C., Thomas, E., Snoswell, C. L., Haydon, H., Mehrotra, A., Clemensen, J., & Caffery, L. J. (2020). Telehealth for global emergencies.