Lawsuit Alleges Telehealth Malpractice–Could It Happen To You?
If you go to the hospital, especially with a serious condition, you would expect to be seen by a doctor. That’s kind of the point of a hospital. But what if you went into a hospital, with a serious life threatening condition…and there were no doctors? That’s exactly what happened to one man, according to a recently filed lawsuit.
Telehealth in the ICU
The lawsuit alleges that a man was admitted into the ER in critical condition, vomiting, and with pancreatitis and dehydration. His condition was deteriorating and he was admitted into the ICU.
All the while, there were no doctors actually in the ICU section of the hospital. Rather, this particular hospital ICU was staffed by telehealth doctors, who see and treat patients remotely, through a central location, and through a screen.
When it became clear that the man needed personal attention, an actual doctor had to be called. The problem was, again according to the lawsuit, the doctor could not find the hospital, leading to a delay in care. The patient died, actually being declared dead by the telehealth doctor before the live doctor could get to the hospital.
Malpractice Issues in Telehealth
You probably were aware that telehealth was widespread for things like online prescriptions, or primary care. But you probably didn’t know they were being used in hospitals–including ICUs, which have patients that need the most attention and care.
Telehealth doctors can be sued for malpractice, just as any other doctor can. One problem with suing doctors for malpractice who advise through telehealth, is that in some cases, their decisions are guided by what medical information patients put into the portals or websites or apps that they are using–and many people are less inclined to be truthful with an online doctor, than they are with their actual in person doctor.
Of course, in a hospital, when a patient may be in distress, or unable to speak at all, that isn’t an issue.
Duty of Care
Telehealth doctors may actually have a duty that is even greater than your “in person” doctor, because telehealth providers don’t see you personally or physically. That means that they need to take greater measures, to ascertain your pain, medical history, allergies or medical background, before making a diagnosis or prescribing medicine.
Online platforms might be liable for the malpractice of a telehealth doctor, if they didn’t take sufficient measures to ensure that the doctor was licensed (both as a doctor, and specifically licensed to do telehealth).
Presuit Requirements and Federal Court
If a telehealth doctor is not located in your state, then your malpractice case may have to be filed in federal court. The pros and cons of that–including whether you need to comply with malpractice presuit requirements–are something that your attorney will discuss with you.
In a recent supreme court decision, the Supreme Court said that state pre-suit requirements for malpractice cases, like waiting periods or mandatory mediation, are not binding when malpractice cases are filed in federal court.
Do you think you have been a victim of malpractice? Contact our Rhode Island injury lawyers at Robert E. Craven & Associates.
Source:
fiercehealthcare.com/providers/yale-new-haven-health-hospitals-tele-icu-model-highlighted-wrongful-death-lawsuit
