Page 31 - Telemedicine - Essentials of Virtual Care Delivery Part Two

SVMIC Telemedicine: Essentials of Virtual Care Delivery

implementing recommendations appropriately. This implies that

the requesting provider interpose professional judgment and is
not immune from liability for negligent referral.

e-Discovery

Since the medium in which telemedicine is transacted is

electronic, providers should be prepared to produce electronic
files in response to legal subpoenas and court orders, just as

they do for electronic health records (EHR). In fact, telemedical
platforms are essentially EHRs, if not actually embedded in

them. Just as EHR files include metadata with time stamps and
detailed logs identifying users and every kind of interaction they

have with the system, telemedical files and system should be
assumed to have the same functionality. However, the difference

between most EHR content and telemedicine records is that
the latter may include full motion video and audio of the entire

encounter. The situation amounts to what a bank teller knows:
Every action they take during their workday is available to an

investigator on tape. This potential for public disclosure is a
new culture for practitioners to deal with. It contrasts sharply

with the old culture of privacy in the examining room and has
far-reaching implications for how doctors and patients relate to

each other.

Limits of Insurance Coverage

Traditional professional liability (malpractice) insurance covers

most usual allegations of medical negligence in standard
settings, but it may explicitly exclude from coverage, or require

additional riders, to cover claims arising from telemedicine.
It is critical for practitioners who treat patients at a distance

to review their insurance policies. At SVMIC, we simply ask
that you call us to discuss the details of your virtual practice,

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