Medical Malpractice Blog

Increased Medical Malpractice Issues With the Use of Telemedicine As the use of telemedicine has skyrocketed over the last year, many physicians have fully transferred all visits to a virtual setting. This helps to reduce overhead costs and is more convenient for both the physician and the patient alike. Employers are even jumping on board, with 95% of large employers offering telehealth to employees in states where telehealth is permitted. While telemedicine has its benefits, there are a few legal concerns. Practicing Across State Lines One of the biggest reasons for medical malpractice claims in regard to telehealth is physicians overreaching their licensing. Doctors must be licensed within the state that they practice. Taking telemedical visits from out-of-state patients opens the door for medical malpractice lawsuits. Additionally, prescribing medication across state lines is overreaching. Any pharmacy that fulfills a prescription that was issued by an out-of-state doctor can also be held liable for not following appropriate safety standards. Lack of a Physical Exam Another key area where medical malpractice claims are popping up more consistently is when there is the prescription of medication. Simply reading over a patient’s questionnaire that was submitted over the internet isn’t considered sufficient enough, in most cases, to prescribe medication. Some states still require the need for a physical examination to verify the status of a patient’s health before prescribing medication. Misdiagnosis There’s truly no great simulation of an in-patient doctor’s visit. Not only can the physician better assess the physical characteristics of the patient, but they can pick up on non-verbal cues that aren’t available for telephonic visits. The lack of these in-patient benefits increases the risk for misdiagnosis. Additionally, most telehealth visits lack any continuity of care. When you visit with your regular physician, they understand your medical history, profession, housing situation, family history, and so forth. This helps to create an accurate diagnosis and treatment plan. When patients meet with a provider for the first time over the telephone or on a virtual conference, the provider can misdiagnose the patient due simply to insufficient knowledge of the patient. Failure to Diagnose Another area where medical malpractice is becoming all-to-common with telehealth visits is when doctors fail to diagnose patients completely. With the lack of a physical examination, lab testing, and so on, more physicians using telehealth are relying on the self-reported symptoms of their patients. It’s no surprise that these can be somewhat skewed based on the patient’s knowledge. Physicians who are solely relying on patient symptom reporting may miss the physical attributes that can indicate a more serious condition. While telehealth has provided a more convenient platform for patients and medical providers, it has also opened up the door for many medical malpractice claims.

Can Bedside Manner Be Linked to Medical Malpractice? No one wants to think about going to a medical facility for help and being mistreated by a physician. In fact, it’s easy to be under the false assumption that all doctors are great at their jobs. In reality, medical malpractice happens more than you likely want to think about. Medical malpractice has been shown to be the third leading cause of death in the United States. That’s hundreds of thousands of American citizens dying every year due to poor medical decisions. Researchers have discovered that a large portion of medical malpractice claims are filed against the same doctors over and over. Communication Skills Matter It’s likely that you’ve met a doctor or two who isn’t overly friendly and doesn’t communicate well. These are the type of doctors who have poor communication skills, and you tend to walk away from them not feeling assured or completely understanding your diagnosis. Simply the attitude of these doctors has a significant impact on how you feel about their services. In many medical malpractice cases, patients admitted that they felt ignored and rushed by their physicians. They weren’t treated with respect or listened to by their physicians. Many revealed that they spent a long time waiting for their doctors and were only seen for a short amount of time. Bedside Manner Plays a Large Role In the early 1990s, the Journal of the American Medical Association undertook a study to compare the bedside manner of doctors who were sued and those who weren’t. They discovered some amazing facts. Those doctors who spent more time with their patients, educated them about their medical care, and used humor during their interactions were less likely to be sued. The Top Reasons for Filing a Medical Malpractice Claim While there are many different motivations for patients to file a medical malpractice claim, there are three prominent reasons for many. The first is the desire to ensure that a similar incident doesn’t happen to another patient. Second, the patient wants to understand how and why a negative outcome occurred. Lastly, the patient wants the healthcare provider to be held responsible for their malpractice actions. It’s overly clear that many malpractice patients simply want to understand more about their medical treatment and conditions. They want physicians who take responsibility for their actions. Physicians who lack the necessary components of bedside manner are more likely to be sued on a consistent basis than physicians who don’t. As you can see, a physician’s bedside manner plays a big role in whether or not they’ll be involved in lawsuits. Their ability to effectively communicate with their patients is a major factor in their level of care. It’s best to avoid treatment from doctors with a poor bedside manner as it could increase your risk of being a victim of medical malpractice.