Sometimes with rapid advances in technology, litigation laws and insurance policies lag behind. This is a danger with telemedicine malpractice insurance. In this climate of change, if insurance agents are going to continue providing the best possible service to their clients, they must keep up with all the laws, legislation, and potential new areas of vulnerability for clients. They must also have an insight into how the coverage offered by different insurers has kept pace with this.
Existing medical malpractice coverage may be inadequate
For instance, when physicians who have spent years in a traditional practice begin to use telemedicine for some of their consultations, the policy they have been covered may not properly cover these new areas. The physician may also be unaware of laws they are potentially violating when they work with patients who live in other jurisdictions.
Even telehealth leaders have stumbled in this legal minefield
Take the University of Mississippi Medical Center, for instance. Its Center for telehealth is connected to more than 200 locations across Mississippi, a state which has the worst physician shortage in the country with a ratio of just 186 doctors to every 100,000 people.
Mississippi also has the unenviable reputation of being the US state with the highest rates of diabetes, low birthweights and death from heart disease. So, telehealth should be a perfect fit, particularly for the rural areas with limited access to healthcare. Michael Adcock, executive director at the Center for telehealth sums up their mission, saying: “Your care and your treatment shouldn’t be dictated by your ZIP code.”
However, this leading telehealth provider recently found themselves facing litigation when they overlooked some important state healthcare legislation.
The University of Mississippi Medical Center was sued by the parents of a young Mississippi girl who suffered permanent brain damage as a result of treatment she received. She was originally diagnosed by a pediatric neurosurgeon in Louisiana who continued to direct her care, communicating electronically with the care providers in Mississippi.
The federal district court hearing the case, permitted the plaintiffs to pursue a claim based on allegations that nurses in Mississippi are not permitted to administer prescriptions issued by a medical professional not licensed in that state. In fact, the state’s Nurse Practice Act specifically defines aiding or abetting someone not licensed in Mississippi in performing activities that require a professional license—as “unprofessional conduct.”
The court also allowed a claim of corporate negligence to proceed against corporate officers of the Center for telehealth, based on the plaintiff’s argument that Mississippi regulations required home-health agencies to have a governing body that sets agency policies for patient care.
Agents must be proactive when assisting clients who are moving into telehealth
It is critical that when agents are discussing insurance coverage with any organization or medical professional who works in telehealth; that they are satisfied the client is aware of the possible legal consequences of diagnosing patients or prescribing treatment across state boundaries. This obviously includes attempting to continue caring for existing patients who move interstate. Prescribing medication across state lines without conducting an in-person examination can even lead to criminal charges in some states. Something that may void their insurance policy and leave them personally liable for damages awards.
But the dangers of telehealth litigation don’t end there. The biggest risk is misdiagnosis, due to the limits of virtual examinations. When a medical professional who is accustomed to conducting in-person examinations must begin relying on a visual exam, combined with the patient’s own interpretation of their symptoms, a lot of contextual clues are missed and there is a bigger margin for error.
If, as an individual agent you are unable to keep up with the fast-moving telehealth legal landscape, it makes sense to work with a leading medical malpractice broker like the Westwood Insurance Group, who have the resources and long-term industry relationships to keep abreast of developments in this field. Click here to apply to join our team.
If you’re a medical professional or part of an organization who is moving into telehealth and you’re unsure of how effective your current insurance coverage is, Click here to contact us and one of our insurance professionals will help you.
More details on the University of Mississippi Medical Center case can be found on the American Bar Association’s website
