The popularity of “telemedicine” or “telehealth”, where you receive a diagnosis or treatment virtually is on the rise. This includes remote patient monitoring, two-way video conferencing, video consultations and the use of mobile health “apps.” Having remote or virtual medical visits raises questions concerning the likelihood of receiving negligent medical care or an increased chance of medical mistakes.
According to the American Telemedicine Association, the majority of hospitals engage in some form of telemedicine, and an increasing number of legal questions arise. For example, what is the standard of care for virtual medical care? How is it determined? Is it that same as in person care? Further, what about issues of informed consent?
In addition to communication concerns, other issues may arise involving remote monitoring – for example what if the equipment fails or is defective – leading to a delay in responding or diagnosing a condition that would have received more immediate care had there been an in-person exam.
According to one medical malpractice insurer, claims relating to telemedicine have resulted from situations involving the remote reading of x-rays and fetal monitor strips by physicians, attempts to diagnose a patient via telemedicine, delays in treatment, and failure to order medication.
With the advent of new technology and advances in medical care, medical malpractice laws will continue to evolve to address these concerns.
For more information or if you believe you have been harmed by any type of negligent medical care, please contact the experienced California birth injury lawyers at Bostwick Peterson, LLP for an immediate consultation.