Telemedicine and Malpractice

Telemedicine requires interaction and communication between patients and doctors over devices such as phones, computers, tablets, and applications like Skype. While it might seem to be a fresh and upcoming technology, telemedicine has in fact been practiced over the telephone, in the United States for nearly 50 years. With advances in technology, telemedicine is anticipated to grow exponentially in the following couple of years.

The risk for potential malpractice litigations grows as telemedicine grows in popularity. Concern stems from the fact that there may not be a face-to-face assessment together with the medical advice that's given. Telemedicine has wide support among both political parties and is outlined in the Affordable Care Act. Many supporters argue that telemedicine can increase accessibility to healthcare while also substantially reducing costs.

The number of litigations associated with telemedicine has been comparatively low. Experts, however, are anticipating that number to climb as telemedicine grows in popularity. Many malpractice cases involving telemedicine have contained nondisclosure agreements so real numbers and particular issues or concerns and have been settled are difficult to assess.

For more information regarding telemedicine and the law, contact us today!

Nondisclosure Agreements in Medical Malpractice

The amount of a financial settlement in medical malpractice cases often gets a lot of coverage in the media, especially if it is in the millions.  However many settlements include nondisclosure agreements.  Those cases rarely receive any attention even if they can have widespread or significant consequences.

Researchers at the University of Texas recently found that nearly nine in ten settlements withing the university health system involved nondisclosure agreements.  The University of Texas medical care system provides medical malpractice insurance for more than 6,000 physicians at six campuses in five different cities in Texas.   

The Journal of the American Medical Association recently reported on the study that was done by these University of Texas researchers.  Of the time periods that were studied, researchers found that there were 715 medical malpractice claims closed, and 150 settlements were reached.  Nearly 50% of the nondisclosure provisions prohibited discussion by patients and family about the details of the medical errors.  In 9% of these settlements, doctors and hospitals were also prohibited from discussing the cases and any related medical errors.

Although the study focuses on just one medical system, the information can be pertinent to other large medical systems and the healthcare industry as a whole.  Preventing the disclosure of important information, especially to state boards, can have negative long-term effects.  For example: future patients of the physician will not have access to pertinent information regarding the physicians past record; and hospitals cannot address problems or take steps to correct them if all relevant information is kept confidential.

Many healthcare professionals agree that while nondisclosure agreements are legally valid, they can have a negative effect on patient safety because they discourage honest and open discussion of medical errors or mistakes.  It may be time to reevaluate the inclusion of nondisclosure agreements in medical malpractice settlements.

Tell us what you think!  Contact us today.

Medical Malpractice Settlements: How They Work

How do medical malpractice settlements work?  It depends on the laws of the state in which the alleged malpractice took place and the facts of the actual case. Most doctors are willing to settle to avoid uncertainty and the risk of a trial.

Negotiations for a settlement usually occur between the plaintiff and their lawyer, the defendant and their lawyer, and also the insurance company's lawyers. It may be very complex and lengthy or as easy as cutting a check. Economic damages are easy to quantify, yet suffering and pain is usually not easy to negotiate.

The physician can take her or his risks and go to trial. An attorney can help a physician get a clearer idea of the way in which a jury might see the facts of the case. Additionally, the physician's insurance company may have a mandatory maximum settlement payment after which they'll take their chances in court so going to trial may be the only option. A physician can be dropped entirely from coverage for any settlement a physician consents to or can see in an increase in malpractice premiums.

Settlements frequently contain nondisclosure agreements in which both parties agree to keep the terms confidential. This can benefit the doctor by protecting her or his reputation, however it doesn't reveal to possible patients whether a doctor was involved in a malpractice suit. There needs to be a way to discuss problems that lead to alleged medical errors without damaging capability to practice medicine or a doctor's standing.  Transparency is necessary to address patient safety issues and review medical errors to prevent them in the future.

Contact us today for more information!