Managing the Risks of Practicing Telemedicine

Ensuring the Reliability of the Technology

Harlow said that the technology itself can be a liability concern. For example, what if the connection cuts out at a key moment in the conversation where a doctor is telling a patient to be sure not to take the prescribed medicine with food? Now a technical glitch has resulted in a transmission of inaccurate medical advice. “If that results in an injury to the patient and there’s a lawsuit, who’s liable?” asked Harlow. “The standard contract from the technology vendor would say they disclaim all liability. This is something to be aware of.”

Of course, depending on the bargaining strength of a physician group versus the tech company, everything is negotiable. “So this kind of issue would militate in favor of a physician signing up with a larger group. By being part of an organization you get better leverage in the negotiation with the vendor,” said Harlow.  It’s best to try to avoid technical glitches altogether, said Huben-Kearney, which means selecting a competent vendor. Since most physicians and small group practices lack the level of technical expertise to do this effectively on their own, she suggested they contact their liability insurer for advice.

Next: Choosing the Appropriate Clinical Context