Page 30 - Telemedicine - Essentials of Virtual Care Delivery Part Two

SVMIC Telemedicine: Essentials of Virtual Care Delivery

they do in the in-person setting. It is important to know when to

stop the encounter and move to another venue, even when the
impulse on both sides might be to press on with the wrong plan.

Failure to Use the Necessary Technology

This allegation could arise: if some piece of equipment was

not functioning quite right, if a superior diagnostic or treatment
modality was potentially available but not employed, or (as

in the case of failure to examine) if a proper decision process
required another venue or more help. Ironically, this allegation

might apply to a case where a practice had telemedicine
technology available but used a less robust medium to manage

a clinical problem that would have turned out differently if
broadband, higher-definition communication equipment had

been used.

Guidelines

Liability claims often invoke guidelines and standards, both on

the plaintiff and defense side. It is essential that telemedicine
practitioners remain well-versed in the (frequently changing)

published guidance from relevant agencies and authorities.

Reliance

In general, a physician who requests consultation from a
colleague is allowed to rely on the advice rendered, with

conditions. In one’s own state, this allows each doctor to
assume the other is licensed and credentialed. When referral is

made to, or consultation sought from an unknown expert, some
diligence should be given to verifying these things; this duty can

reasonably be satisfied by using reputable services. However,
just as in face-to-face consulting, the requesting physician

is responsible for choosing a proper source of advice and

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