Home Blog Business & News Safeguarding Telehealth: Understanding the Risks and Implementing Critical Policies
Safeguarding Telehealth: Understanding the Risks and Implementing Critical Policies
By Shayne Bevilacqua, MBA | 10-26-2023

With the growing popularity of telemedicine, healthcare providers are increasingly offering telehealth services to enhance accessibility and affordability for patients. While telehealth has its benefits, it also brings forth data security and medical malpractice risks that need to be addressed. This article explores the safety of telehealth and highlights essential telehealth policies that can protect both patients and healthcare practices from malpractice claims.

 

 

Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to uphold a reasonable, appropriate, or ethical standard of care, resulting in harm, financial losses, or even death for the patient. In the context of telehealth, malpractice risks can include failure to recognize symptoms, misdiagnosis, surgical errors, and prescribing incorrect medication. Additionally, the reliance on technology introduces the potential for data breaches and violations of the Health Insurance Portability and Accountability Act (HIPAA).

 

 

Telehealth Malpractice Risks
Several telehealth security and malpractice risks deserve attention, including:

 

Misdiagnosis: Compared to in-person visits, diagnosing illnesses and evaluating symptoms can be more challenging through telehealth. Studies show that misdiagnosis of cancer, stroke, and infections account for a significant number of telehealth-related malpractice claims.

 

 

Data breaches: While telehealth platforms have improved accessibility, virtual communication introduces data security and hacking risks. Providers using unencrypted platforms that do not comply with HIPAA requirements may face increased vulnerability.

 

 

HIPAA violations: Telehealth visits must adhere to HIPAA guidelines, just like in-person visits. Providers need to be aware of potential HIPAA violations related to telemedicine, such as device loss or the use of non-compliant platforms.

 

 

Implementing Critical Telehealth Policies:
To mitigate malpractice risks and protect healthcare practices, professionals can implement the following policies:

 

 

Informed Consent: Obtain written, informed consent from patients, clearly explaining the potential risks associated with telehealth services. This ensures that patients understand the limitations and possible consequences of remote consultations.

 

 

HIPAA Compliance: Familiarize yourself with HIPAA guidelines specific to telehealth services and conduct regular risk management assessments. Ensure that telehealth platforms and communication tools used are compliant with HIPAA requirements to safeguard patient data.

 

 

Adequate Liability Coverage: Secure comprehensive medical malpractice liability coverage from a reputable insurance brokerage and risk management firm. This coverage should be tailored to the specific risks associated with telehealth services, offering financial protection in case of malpractice claims.

 

 

Telehealth offers significant benefits in terms of accessibility and cost-effectiveness, but it is vital to address the associated risks. By understanding the potential pitfalls of telehealth, implementing critical policies, and ensuring HIPAA compliance, healthcare providers can mitigate malpractice risks and protect both their practice and patients. Consulting with insurance and risk management experts can provide further guidance in safeguarding telehealth operations.