Currently, medical malpractice claims relating to telehealth are rare, but with increasing use of telehealth, malpractice claims may also increase. Perhaps the greatest category of risk relates to misdiagnosis (or missed diagnoses), with inherent limitations in remote physical exams and the telehealth platform contributing to this risk. However, risks pertaining to cyber security, data breaches and hacking are also considerations.
- Providers should verify that their malpractice coverage includes coverage of services rendered via telemedicine.
- Verify that current coverage includes provision of services across state lines (if applicable)
- Consider seeking out cyber liability coverage to protect against data breaches and hacking
- Carefully consider the types of patient encounters that are most appropriate for telemedicine