decisionhealth Newsletters, Part B News - 2020 Issue 9 (September)
Avoid emerging malpractice risks when getting into the telehealth game
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Article Overview
This article discusses the legal and malpractice concerns that can arise as telehealth and telephone encounters expand during the COVID-19 public health emergency. It is aimed at physicians, practice managers, and compliance-minded clinicians who want to understand broad risk areas, documentation concerns, prescribing issues, and workflow safeguards associated with virtual care. The piece also summarizes perspectives from attorneys, medical liability experts, and other industry sources on how providers can reduce exposure while using telehealth.
Why This Topic Matters
Telehealth has created new operational and legal considerations for practices, especially around patient selection, documentation, consent, prescribing, and cross-jurisdictional care. Understanding these risk areas can help providers strengthen their processes without relying on the full premium article for practical guidance.
Article Sections
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Telehealth growth and malpractice risk
Introduces the rapid expansion of virtual care during the COVID-19 public health emergency and the resulting concern about legal exposure. Summarizes competing views on how telehealth volume may affect malpractice risk.
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Some experts expect continuity
Presents attorney perspectives suggesting that telehealth-related liability concerns may not be dramatically different from pre-pandemic practice. Discusses broad factors that may influence how claims are viewed in different jurisdictions.
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Yet risks remain
Describes situations that may create stronger malpractice allegations in virtual encounters. Covers general concerns involving assessment limitations, provider judgment, and remote evaluation.
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Watching drug problems
Addresses prescribing-related concerns in telehealth, including controlled substances and the effect of state and federal flexibilities during the public health emergency. Notes that multi-state care arrangements can add regulatory complexity.
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5 ways to take extra care
Outlines broad practice-management safeguards for telehealth encounters, including standardized protocols, in-person escalation, charting, consent, recording considerations, and patient-facing communication style.
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Resources
Lists external references and related source material mentioned by the article.
What You Will Learn
- How telehealth growth can affect malpractice exposure in a practice
- Which general encounter and documentation areas are most important in virtual care
- Why prescribing and jurisdictional issues deserve special attention in telehealth
- What kinds of workflow safeguards practices may consider for remote visits
- How expert commentary frames the legal environment around telemedicine claims
Who Should Read This
- Physicians
- Advanced practice clinicians
- Practice managers
- Compliance staff
- Medical billing and coding professionals
- Health care attorneys
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