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Legalities of Telemedicine: Unpacking Malpractice Coverage Requirements

April 19, 2024

Telemedicine Malpractice Coverage - eQuote

In our post-pandemic world, telemedicine has rapidly emerged as a necessity rather than a convenience. As more and more patients opt for the flexibility and immediacy of virtual healthcare, healthcare providers are adapting to meet these needs.

However, with this new frontier of healthcare delivery comes unique risks, including the potential for medical malpractice claims. Read on to learn more about medical malpractice insurance for telehealth services and how it can offer protection in today’s rapidly changing world of telemedicine.

What Is Telemedicine?

Expanded and popularized during the COVID-19 pandemic, telemedicine is remote patient care delivered via electronic communication technology.

Remote connections between patient and provider can include videoconferencing, phone calls, emails, patient portals, and electronic health records (EHR).

While telemedicine allows for easier access to care and reduces the risk of exposure to illness, it also raises questions about medical malpractice coverage. Is the telehealth delivery system the best vehicle for you to deliver medical care and for your patients to receive it?

What Are the Risks of Telemedicine?

While telemedicine offers more convenience, it can pose certain risks to both patient and physician.

Accuracy of Diagnosis

Telemedicine challenges physicians in ways conventional in-person examinations do not. For example, the typical telehealth visit over phone, computer or tablet does not:

  • Feature hands-on examinations, such as chest auscultation or visual inspection of the ears, nose, throat, or other areas of the body.
  • Provide sufficient follow-up care either virtually or in the office.
  • Allow the provider to gather objective diagnostic data but rather, is dependent on patient reports of symptoms.
  • Allow for proper monitoring of vital signs, such as blood pressure, or physical changes over time.

Without the ability to physically examine a patient in person, it may be difficult for a provider to accurately diagnose and treat certain acute and chronic health conditions. This is where careful documentation and communication between patient and provider come into play.

Accuracy of Medical Information

One of the biggest challenges with telehealth is ensuring that all necessary information is accurately conveyed during the virtual visit. Patients may struggle to accurately describe their symptoms or medical history.

Inaccuracies in patient-provided information can lead to wrong or incomplete diagnoses or ineffective treatment. Similarly, providers may have difficulty interpreting non-verbal cues through a virtual medium.

To combat these challenges, both patients and healthcare providers must be well-informed and prepared before telehealth visits. Patients should gather any relevant medical records or test results beforehand to share with their providers.

They should give detailed descriptions of their symptoms and any changes they have noticed since their last medical appointment. The more information patients can clearly convey, the more beneficial the telehealth visit will be.

What Should Telemedicine Malpractice Coverage Include?

Medical malpractice insurance covers providers in the event of assessments and treatments that are below professional standards of care. A telemedicine rider is a type of supplemental coverage that specifically addresses the unique risks associated with providing telehealth services. If you currently offer telehealth services, adding a telemedicine rider to your existing medical malpractice insurance policy helps ensure coverage in the event of a medical malpractice claim.

The usual coverage limits provided by a medical malpractice insurance policy may be insufficient in the event of a claim filed due to telehealth care. So, you should consult with your insurance brokers to discuss the details of what telehealth services you offer and how they should be covered under your existing policy.

Benefits of a Telemedicine Malpractice Coverage Rider

A telemedicine rider typically covers the costs of legal defense, settlements, or judgments in malpractice claims related to telehealth services. Without this specific coverage, you may face significant out-of- pocket expenses in the event of a lawsuit. Traditional medical malpractice insurance policies do not always include telehealth services and may have restrictions or exclusions for virtual care.

In addition to financial protection, a telemedicine rider also offers risk management benefits. With the rise of telehealth services, there has been an increase in malpractice claims specifically related to virtual care. By having a telemedicine rider in place, you can demonstrate that you have been proactive in mitigating these risks and to protecting your patients’ safety and privacy.

The Best Telemedicine Malpractice Insurance Coverage

At eQuoteMD, we provide top-notch medical malpractice insurance coverage for providers in all states and medical specialties. Our team of insurance experts will help you understand your specific needs and get you superior rates and coverage from the A++ list company of your choice. We are committed to finding the best coverage options available to you and helping minimize your risk for malpractice claims and payouts.

Learn what your coverage options and requirements are by calling our St. Louis, MO, office today at (855) 857-8746. We will help you understand your specific needs and get you superior rates and coverage from the A++ list company of your choice.

Filed Under: Telehealth Tagged With: telehealth malpractice insurance, telehealth malpractice insurance broker, telemedicine malpractice insurance

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