Is the Practice of Telemedicine Placing Patients at Risk of Medical Malpractice?

Date: 05:20:2022 | 389 article views
By: The Baer Law Firm

According to a 2021 report by Parks Associates, 64% of US households reported using telemedicine in the past 12 months. Telemedicine exploded across the country, Georgia included, during the Covid-19 pandemic. Hospitals and urgent care facilities were shocked and overrun by the novel coronavirus's speed and efficiency of infecting patients exponentially.

However, this new way of seeing the doctor has stuck around for other factors-- but is it without consequences and cost to patients?

The Pros and Cons of Telemedicine

Driving through traffic to the doctor's office, sitting in a crowded waiting room, all while sick, can feel like a real pain and exacerbate your already unpleasant symptoms. It may even take an hour to reach a doctor for rural residents. When we do not have our own transportation, we either rely on family or friends, use a ride-share or take public transit, all of which can expose others to illness if it is contagious. Moreover, visiting a doctor's office can put you at risk of catching another sickness.

Towards overcoming these issues, telemedicine, also known as telehealth, e-medicine, or "direct-to-consumer" (DTC) medicine, has emerged, and grown in popularity at unprecedented speed out of the turbulence of the Covid-19 pandemic. Patients and doctors are connected in real-time using remote conferencing technology via computers or smartphone apps during a telemedicine appointment. Patients describe their symptoms to doctors, who then decide how to proceed. A diagnosis or treatment plan may then be given to the patient via telephone or computer.

Telemedicine grew in favor due to convenience and out of necessity to avoid further spread of the novel coronavirus, SARS CoV-2. The new way of patient-doctor meetings aided those most vulnerable and susceptible to illness in keeping up with medical appointments.

The use of telemedicine even permits doctors to prescribe medications remotely without ever having to examine the patient in person. It is also possible for doctors to electronically transfer prescriptions to the pharmacy, from which a patient can pick them up later or choose to have them delivered to their doorstep.

Telemedicine is intended for treating relatively common ailments, such as the flu, urinary tract infections, common cold, and strep. Unlike in the past, when patients may have needed to go to urgent care or a walk-in clinic to see a doctor, telemedicine allows patients to receive medical care immediately without leaving their homes.

Although telemedicine has positive and tempting aspects, including greater accessibility (although some disparities exist), general convenience, faster diagnosis, and easier prescribing and dispensing of medications, significant and even alarming negatives are attached to the technology. Telemedicine has raised concerns among some experts, such as if doctors can accurately diagnose a patient if they haven't physically examined them in person? The diagnosis is almost entirely reliant on how the patient describes their symptoms to the physician. Critics have questioned whether this treatment is safe.

A Look at Telemedicine's Potential Risks

Misdiagnosis is one of the main risks of telemedicine. Patients seeking care from a healthcare professional often have no medical background, so they may not be able to describe or identify their symptoms adequately.
Suppose a patient suffers harm due to the provider's negligence, miscommunication, misdiagnosis, software malfunctions, or any other technologically-based risk that directly affects the patient. In that case, the provider may be held responsible for a breach of the standard of care.

Expanding telemedicine offerings has been well received as it allows individuals to remain either at home or at work without traveling to a physician's office. Alternatively, if a patient is contagious, they can seek help without potentially exposing other individuals.

What doctors might miss if they don't see a patient in person is concerning. When a doctor can't listen to a patient's chest, it may be challenging to determine whether the patient has bronchitis, pneumonia, infection, or any other respiratory disease. The misdiagnosis may lead to further health problems, a longer recovery, and incorrect treatment.
In addition, doctors may not receive adequate information to correctly diagnose the patient, leading to a possible medical malpractice claim. Technological glitches or other factors may also hamper a patient's diagnosis.

To the best of their abilities, a doctor must diagnose a patient. If they have difficulty with the technology, the doctor or his office staff should recommend that patients come into the office for a proper diagnosis.

Other challenges of telemedicine:

  • The failure to confirm a patient's identity or misidentifying patients
  • The inability of a patient to verify a physician's credentials
  • The inability of telemedicine patients to choose the doctor with whom they speak
  • Prescriber errors
  • Diagnostic errors; misdiagnosis, delayed diagnosis, and incorrect diagnosis
  • Incomplete treatment
  • Lack of proper follow-up care

When to Contact a Georgia Medical Malpractice Attorney

In medical malpractice suits, the critical issue is whether the physician's acts or omissions were contrary to standard medical practice, as set forth by the American Medical Association, healthcare boards, and oversight bodies, or by equally knowledgeable and experienced physicians, depending on the circumstances.

The duty of care still applies to physicians who practice remotely via telemedicine. An incorrect diagnosis, misdiagnosis, or other medical error can still impact the patient's well-being and life.

If you believe you are the victim of telemedicine malpractice, please do not hesitate to contact an experienced Georgia medical malpractice attorney at The Baer Law Firm today. Call The Baer Law Firm today at 404-THE-BAER for honest advice about your legal matter.