Page 17 - Part 2 Introduction to Telemedicine

SVMIC Introduction to Telemedicine

functions of technology; some arise from opportunities for human
error and mischief provided by technology. These fall into

technical, administrative and clinical categories.

Jurisdiction

Most civil claims for negligence associated with telemedical
practice are going to begin by determining (or contesting) what

jurisdiction governs the action. As mentioned above, the sine qua

non of telemedicine is licensure where the patient is located.

Qualifications

There is clear liability risk for practitioners who fail to maintain

proper licensure and credentials, or who misrepresent these to
patients or authorities.

Failure to Examine

One theory of negligence telemedicine practitioners need to keep
at the forefront of their thinking is the allegation of failing to

perform an adequate examination. This issue is often raised for in-

person encounters where something has been missed, and it is an
obvious vulnerability for telemedicine. It is important to document

the findings available from the channels in use that support each
clinical assessment and to be ready to terminate a session—and

re-direct it to an in-person provider—when a clinical question can’t
be resolved using remote technology.

Failure to Disclose

For any emerging modality, a bit of extra care is called for in the

informed consent process. Providers should offer details about
risks of diagnosis and treatment via electronic media to help

forestall misunderstandings about what is to be expected. One

particular risk that might be important to mention is that of

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