Page 14 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

where the patient is located at the time of the encounter

and not the location of the physician. With the recent gain in
popularity of telehealth due to the COVID-19 pandemic, more

physicians than ever are including telehealth services as a part

of their practices. At the outset, the physician should determine
and document the location of the patient before proceeding

with the virtual encounter.

It is not just out-of-state residents who can sue you in another
state because of telehealth. If you see a patient who resides

most of the year in the same state as you practice/reside, but

the patient spends winters in Florida, and you have a
telehealth encounter with the patient while he or she is in

Florida, you could be sued in Florida.

Another example is when a radiologist performs overreads for
a hospital or facility located in a different state using

teleradiology. In this situation, the radiologist is deemed to be
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providing medical services in the location where the hospital

or facility is located because: the physician actively engaged in
practicing medicine in that community (by contracting with the

hospital/facility to perform services), that is where the results

are reported, and there is an expectation that the patient will
rely upon those findings. It would be unfair for a patient who

never left his or her home state for medical care to have to file

6 In an SVMIC case, a TN radiologist was performing reads for a hospital in Philadelphia, PA, – a
generally unfavorable venue for physicians, especially those from out-of-state. Because the medical
services were provided in PA (findings were reported to PA with an expectation that the patient
would rely upon those findings) the trial court concluded PA had proper jurisdiction.

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