The Impact of E-Records and Telemedicine on Medical Malpractice

The value of the international digital health market is approximately $300 billion and growing. As this technology becomes rapidly integrated into medicine, the risks of errors in telehealth services also increase. These risks can lead to misdiagnoses, delayed treatments, and other severe health consequences.

If you know or suspect you have suffered adverse health effects due to telehealth malpractice, the Law Office of Kelley J. Johnson can help you demand accountability for what happened. We can file a malpractice claim on your behalf, gather crucial supporting evidence, and demand the compensation you deserve. Contact our Indiana medical malpractice law firm today for a free initial consultation to discuss your case.

What Is Telemedicine?

Telemedicine uses technology to provide medical services remotely. Doctors and other healthcare professionals practicing medicine via telehealth services can evaluate, diagnose, and treat patients by video, phone, or instant messaging. This allows patients to access necessary medical care without visiting clinics or hospitals in person.

With telemedicine, people receive care quickly. This is especially useful for those who live far from medical facilities or have difficulty traveling. It also allows for more convenient follow-ups and ongoing monitoring. Telemedicine can include routine check-ups, consultations with specialists, mental health services, and even some types of therapy.

What Are the Legal Requirements for Healthcare Providers to Use Telehealth Services?

Healthcare providers using telemedicine services must adhere to numerous legal requirements, which vary by state. Most states require providers to obtain and document verbal or written consent for telehealth services. Providers typically need a medical license in the state where the patient lives. Some states allow exceptions for infrequent telehealth consultations, offer special telehealth licenses, or participate in interstate compacts that streamline the licensing process across multiple states.

However, states vary in their regulations for online prescribing, especially for controlled substances. Some states allow online prescribing if providers establish a patient-physician relationship via telehealth. Others require in-person evaluations within a specific timeframe. A number of states, including Indiana, have additional restrictions on prescribing abortion-inducing medications via telehealth.

Indiana-Specific Requirements

Indiana has unique requirements and regulations for providers offering telehealth services:

Consent – Indiana does not require separate written consent for telehealth services.
Online Prescribing – Providers must conduct a documented patient evaluation, including a history and physical exam, before issuing any prescription electronically. Providers cannot use telehealth to prescribe abortion-inducing medications, and special rules apply to controlled substances.
Cross-State Licensing – Indiana participates in the Interstate Medical Licensure Compact (IMLC). Healthcare providers must obtain Telehealth Provider Certifications and file them with the Indiana Professional Licensing Agency to legally practice telehealth in the state.
Professional Standards – Indiana’s Medical Licensing Board establishes telehealth guidelines.

How Does Telemedicine Increase the Likelihood of Medical Malpractice?

Telemedicine offers many benefits but can also lead to medical malpractice cases due to several factors. As healthcare providers rely more on digital technologies, new risks can arise from:

Electronic Record Inaccuracies – Electronic medical records are essential in telemedicine but can lead to confusion. When different providers input data into the system, they might duplicate, lose, or inaccurately record information, leading to incomplete patient histories. This can result in improper diagnoses, inappropriate treatment plans, or delayed care, all of which increase the risk of medical errors.
Technological Problems – Telemedicine relies heavily on computer technology, which brings its own set of risks. Poor internet connections, software glitches, or hardware failures can disrupt consultations at crucial moments. For example, a dropped connection during a critical assessment might lead to an incomplete understanding of a patient’s condition. These technical issues can result in doctors making quick decisions without having all the necessary information, leading to potential errors.
Communication Barriers – Virtual consultations inherently lack the depth of in-person interactions. Subtle cues like body language, tone of voice, and physical appearance can be harder to interpret over a screen. This can lead to misunderstandings or misinterpretations of a patient’s symptoms or concerns. For instance, doctors might miss signs that would be more apparent in person, such as physical discomfort or distress.
Lack of Physical Examinations – One of the biggest limitations of telemedicine is the inability to perform physical examinations. In-person exams allow doctors to directly observe and palpate, providing crucial information that is often key to accurate diagnosis. Without this ability, doctors must rely solely on patient descriptions, which can be incomplete or inaccurate.
Lack of Communication Between Providers – Effective communication between professionals is essential for coordinated care, but telemedicine can hinder this process. Miscommunication can result in conflicting treatment plans, overlooked diagnoses, or repeated tests. The virtual nature of telemedicine also discourages informal consultations between colleagues, which are often essential for confirming a diagnosis or treatment plan.
AI Affecting Care Decisions – The integration of artificial intelligence (AI) into telemedicine introduces new challenges, particularly in surgical decision-making. AI-driven clinical decision support (CDS) tools can analyze large datasets and suggest treatment options, but they also bring risks. If an AI tool recommends a course of action that deviates from standard practice, doctors face a dilemma: follow the AI’s guidance or rely on their own judgment. Who is to blame if a doctor chooses the AI’s recommendation and it leads to harm, or if they disregard it and an adverse outcome occurs: the doctor or the company that programmed the AI?

Common Errors in Telehealth

Telehealth offers many benefits, including increased care access and convenience for patients and healthcare providers. However, the shift to virtual care introduces new challenges and potential pitfalls that can lead to medical negligence and errors, such as:

Misdiagnosis due to lack of physical examination
Incomplete or inaccurate patient records
Technical difficulties causing communication breakdowns
Miscommunication between patients and providers
Incorrect interpretation of diagnostic images or test results
Delays in care due to technology-related issues
Poor coordination between healthcare providers
Privacy and security breaches of patient information
Overreliance on patient-reported symptoms

Contact Our Experienced Medical Malpractice Attorney for a Free Consultation

If you believe you have suffered from medical malpractice at the hands of a telehealth provider, contact the Law Office of Kelley J. Johnson today for a free initial consultation. Kelley Johnson has years of experience handling medical malpractice claims and can put this considerable experience to work for you. She also has strong professional relationships with expert witnesses in various specialty areas, which can be critical in building a solid case. Reach out today to discuss your situation with Kelley and explore your options.