As technological advancements have made it increasingly easier for patients to schedule telehealth appointments with their healthcare providers, the popularity of telemedicine has continued to grow throughout the country. In particular, the challenges of the COVID-19 pandemic prompted many healthcare clinics to offer more flexible options for communicating with their patients. According to data provided by the National Center for Biotechnology Information (NCBI), “Telemedicine use, which includes evaluation and management visits for general medicine, dental medicine, and several other high-volume specialties, spiked to 32 percent in April 2020 after COVID-19 was declared a public health emergency.” Since this surge, telemedicine use has “stabilized to between 13 and 17 percent of office and outpatient visits across all specialties.” While this percentage is still far below even a quarter of all health and wellness visits, telemedicine still remains a viable option for many patients, especially low-income individuals, people with limited mobility, and those who live in remote or rural areas.
Although it’s important to recognize the benefits of telemedicine, it’s equally crucial to identify potential limitations and risks. For example, the online nature of telemedicine appointments raises privacy concerns and can present challenges for providers when it comes to making a diagnosis. Since telemedicine does not occur in person, the medical provider may miss certain symptoms or otherwise fail to make an accurate diagnosis, which could lead to further patient harm or injury. Telemedicine is still a relatively new option for treating and supporting patients, so it’s essential to understand both its benefits and potential risks. If you believe you or a loved one has suffered harm at the hands of a negligent medical provider, you have the right to explore your legal options for recovering the compensation you need to support your recovery and account for the pain and hardship you’ve experienced. At Menzer Law, we are selective in the cases we take to ensure that we can focus our resources where we can make the most significant impact. We concentrate on medical malpractice instances with severe injuries that require the dedication of substantial attorney and staff time and the services of experts from various medical, scientific, and financial fields. This dedicated approach allows us to provide thorough, powerful, and impactful representation to every client we represent. Let’s take a closer look at telemedicine’s impact on medical malpractice cases in Washington state and some of the steps you can take if you have suffered harm at the hands of a negligent healthcare provider.
Identifying the Pros and Cons of Telemedicine in Washington State
First, it’s important to define the term “telemedicine.” This term is commonly used interchangeably with the term “telehealth,” but these labels refer to slightly different medical practices. According to the American Bar Association (ABA), “Telemedicine is treated as a clinical application of technology, while telehealth encompasses a broader, consumer-facing approach.” In other words, telehealth refers to a wider range of patient support, such as physical therapy, mental health services, and other services offered virtually that are designed to achieve a health outcome. Essentially, telehealth emphasizes a holistic view of patient wellness and care management, while telemedicine applies to clinical diagnoses provided online. Some of the most noteworthy telemedicine benefits and disadvantages are presented below.
Advantages of Telemedicine for Patients in Washington State
One of the major benefits of telemedicine is enhancing accessibility for patients. Residents living in remote or rural communities may find it challenging to travel long distances in order to access the medical services they need, which can delay critical screening and prevention and lead to delayed diagnosis and treatment. With telemedicine, however, patients can schedule convenient virtual appointments with their healthcare providers that align with their availability. Telemedicine services can include any of the following: diagnosing illnesses, examining skin problems, managing prescription medications, providing results from previous diagnostic tests, and following up after an in-person visit. Remote patient monitoring can also be a form of telemedicine, allowing medical professionals to track a patient’s vital signs and heath status without the need for in-person visits. The patient can track their own heart rate, blood pressure, glucose levels, sleep patterns, and breathing rates using tools they have at home and share these metrics with their healthcare providers during telemedicine appointments. Other benefits of telemedicine include greater healthcare accessibility to individuals with limited mobility and more flexibility in scheduling appointments with doctors or medical providers.
Recognizing Potential Cons of Telemedicine in Washington State
While telemedicine offers greater scheduling flexibility and broader access to healthcare professionals for patients, there are some potential risks associated with virtual healthcare services. Since telemedicine visits do not occur in person, there’s a greater opportunity for the provider to miss a diagnosis or to misdiagnose a medical condition or illness because they are not present in the room with the patient. Without the ability to perform a full physical examination of the patient, a doctor or healthcare professional must rely on the patient’s description of their symptoms and concerns. In some cases, the doctor may not know what questions to ask the patient, leading to a missed diagnosis or a misdiagnosis. Failing to receive a timely and accurate medical diagnosis can exacerbate painful symptoms or increase the potential for adverse health outcomes, especially if the patient is not able to obtain the critical treatment or care they need. Another potential drawback of telemedicine is that the online format of such visits may make it difficult to protect patient confidentiality. Even websites and online tools that claim to protect patient confidentiality may be vulnerable to privacy and data breaches at some point.
Telemedicine and Malpractice in Washington State
Washington state laws allow those who have suffered harm as the result of a negligent healthcare provider to take legal action in order to recover monetary damages to account for the pain and hardship they have experienced. In order for the plaintiff to make a successful medical malpractice claim, they must provide proof that the healthcare provider failed to exercise the degree of care, skill, and learning required of all reasonably prudent healthcare providers (in the profession or class to which they belong, in the state of Washington, acting in the same or similar circumstances) at the time of the incident. Additionally, the plaintiff must show that this failure was a proximate cause of the injury or adverse health outcome they suffered. When these laws were enacted, they were applied to in-person medical services. However, the increasing availability and popularity of telemedicine have prompted professionals in the medical and legal fields to ponder how such laws will apply to medical malpractice claims involving telemedicine. So far, medical malpractice cases involving telemedicine have been exceptionally rare in Washington, but that does not mean that they will not arise and become more common in the future.
Examples of Telemedicine Malpractice Cases in Washington State
Essentially, medical providers must meet the same standard of care for all of the patients they serve, regardless of whether such care is delivered in person or online. Telemedicine errors may be considered incidents of medical malpractice when they involve the following legal elements: (1) A doctor and patient relationship exists; (2) The doctor deviated from the accepted standard of care; (3) The doctor’s deviation from the standard of care caused harm to the patient; and (4) The patient suffered damages as a result. Telemedicine medical malpractice may involve missed diagnoses (such as the provider’s failure to screen for cancer or other serious health conditions based on the patient’s reported symptoms or concerns), prescription issues (i.e., over-prescribing medication, failing to check for the other medications the patient is taking before prescribing a new medication, etc.), and other errors or failures on the part of the telemedicine provider that caused harm to the patient in some way. Medical malpractice cases can be complex, and the relatively new introduction of telemedicine may complicate these claims even further. It’s best to discuss your specific concerns with a highly qualified legal professional to understand your options for recovering the compensation you need to support your recovery.
Explore Your Legal Options Today
At Menzer Law, our commitment to the well-being and recovery of our clients begins long before we step into the courtroom. We provide trusted and effective legal guidance every step of the way, ensuring that each phase of the client’s journey toward justice is handled with compassion and empathy. Our personalized approach and relentless advocacy demonstrate our dedication to achieving the best possible outcomes. By focusing on the legal claims and court proceedings, we are able to encourage our clients to concentrate on what matters most—their recovery journey. If you have suffered harm at the hands of a negligent medical provider, we are here to help you take that first step in your legal journey.
Our dedicated legal advocates recognize that each case is uniquely important, so we manage our caseload carefully to ensure that we provide our clients with the individualized attention and powerful advocacy they deserve. If you or a loved one has suffered harm due to medical negligence, it’s essential to explore your legal options. The dedicated team at Menzer Law is here to review your case and determine if we can significantly enhance your legal outcomes. Call our Seattle office today at (206) 903-1818 for a complimentary review of your claim.