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Telemedicine risks and legal challenges

On Behalf of | Jul 11, 2024 | Medical Malpractice

Telemedicine has become a convenient way for many in Pennsylvania to access healthcare. With a click of a button, you can consult with your doctor from the comfort of your home. This convenience, however, comes with new risks and legal challenges. 

Understanding telemedicine malpractice

Medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in harm. In telemedicine, the same principles apply. If a doctor provides care that results in injury due to negligence, it could fall into the medical malpractice spectrum. 

The unique nature of telemedicine, such as the lack of physical examinations, can make proving negligence more complex.

Legal requirements in Pennsylvania

Pennsylvania has specific laws regulating telemedicine to ensure patient safety and care quality. It’s important for you to know these regulations to ensure your telemedicine provider complies with the law.

  • Act 69 of 2020: This 2020 Act 68 law requires telemedicine providers to have a medical license to work in Pennsylvania.
  • Title 49, Chapter 16: This section of the Pennsylvania Code outlines the standard of care required for telemedicine services, and it’s the same for in-person visits.
  • Act 112 of 2016: This law mandates the protection of patient information, ensuring privacy and security during telemedicine sessions.

These regulations help maintain the quality and safety of telemedicine services in Pennsylvania.

Potential challenges in telemedicine

One of the biggest challenges in telemedicine is the lack of physical interaction. Diagnosing conditions without a physical exam can lead to misdiagnosis or delayed treatment. In some cases, this could result in harm, which might be grounds for a malpractice claim. Additionally, technology issues, like poor internet connection, can affect the quality of care.

Ensuring safe telemedicine experiences

Telemedicine offers many benefits but also presents unique risks. Staying informed and vigilant can help you navigate these challenges safely. Remember, while telemedicine is convenient, it’s essential to approach it with the same caution as traditional healthcare to protect your well-being.

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