Defending Against Professional Malpractice Claims in Telehealth Services
Telehealth involves delivering healthcare services via digital platforms, including consultations, diagnostics, and monitoring. While this technology enhances convenience, it can create an environment ripe for miscommunication, misdiagnosis, and technical difficulties.
In a traditional healthcare setting, the physical presence of a patient can help mitigate misunderstandings, but telehealth relies heavily on technology and digital communication, where nuances can be easily missed.
Key Defenses Against Telehealth Malpractice Claims
For healthcare providers, it’s crucial to understand the differences between telehealth and in-person care and how these affect their legal obligations. A strong defense strategy in a telehealth malpractice case must address the unique nature of remote care and the specific limitations it presents.
To defend against professional malpractice claims in telehealth services, providers must focus on several key areas:
- Adherence to Standard of Care: Proving that the healthcare provider adhered to the recognized standard of care is critical. This means demonstrating that the provider took the same reasonable steps any other healthcare professional would take under similar circumstances despite the virtual delivery of care.
- Clear Documentation: Documentation is even more critical in telehealth services. Healthcare providers must maintain clear and thorough records of all patient interactions, as this can help show that the provider made reasonable decisions based on the information available.
- Informed Consent: Patients must fully understand the risks and limitations of telehealth services. Defending against a malpractice claim often involves proving that the patient was properly informed of potential risks and limitations before consenting to the virtual treatment.
- Jurisdictional Issues: Telehealth can raise questions about the provider’s licensing and whether they were legally permitted to practice in the state where the patient resides. A defense may focus on proving that the provider complied with all relevant state licensing requirements and that they were authorized to provide telehealth services in Georgia.
- Technical Factors: Defending against a malpractice claim may involve proving that any technical issues, such as internet connectivity problems or platform errors, were beyond the provider’s control and did not result from negligence.
Defending against professional malpractice claims in telehealth services requires a multifaceted approach. Contact Taylor Odachowski Schmidt & Crossland, LLC today for expert legal assistance in defending your professional practice.
Protect Your Telehealth Practice with Trusted Legal Support
As telehealth services continue to grow, so do the risks of malpractice claims that can threaten your professional reputation and practice. At Taylor Odachowski Schmidt & Crossland, LLC, we are well-versed in the unique legal challenges faced by healthcare providers in the telehealth space. With nearly three decades of experience, we understand the evolving landscape of virtual care and the importance of adhering to both medical and legal standards.
Whether you’re dealing with a malpractice claim or seeking guidance to minimize future risks, our team is here to provide the support you need. Let us help you navigate the complexities of telehealth law with confidence. Contact Taylor Odachowski Schmidt & Crossland, LLC today at (912) 634-0955 or reach out through our contact form.
