Telemedicine's Hidden Medical Malpractice Risks: Standard of Care and Causation Issues Unique to Virtual Care
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the standard of care and causation issues unique to telemedicine as well as the types of medical malpractice claims being asserted and why. The panel will offer both plaintiff and defense perspectives on the benefits and challenges arising in telemedicine and best strategies for both sides when litigation and malpractice claims are alleged.
Outline
- The practitioner-patient relationship
- Scope of practice for clinicians using telemedicine
- Potentially liable individuals and entities
- Duties of care
- Informed consent
- Causation
- Liability implications of cross-state practice
Benefits
The panel will review these and other material issues:
- The duties of the telemedicine provider
- The commonest liability theories to date
- Identification of experts
- Commonest defenses
Faculty
Joseph P. McMenamin
Partner
Christian & Barton
Dr. McMenamin, an experienced health law attorney and former emergency physician, focuses his practice on digital... | Read More
Dr. McMenamin, an experienced health law attorney and former emergency physician, focuses his practice on digital health law and distance care. In this capacity he advises telehealth providers on licensure, the provider-patient relationship, corporate practice issues, scope of practice, online prescribing, credentialing and privileging, privacy, risk management, and reimbursement issues as they pertain to telemedicine. He also advises clients respecting the application of artificial intelligence to health care and research, and general health law and business matters. Dr. McMenamin is general counsel for the Virginia Telehealth Network, and a member of the Center for Telemedicine and eHealth Law (CTeL) Legal Resource Team. He frequently presents on virtual care and other cutting-edge health topics before both attorney and provider association conferences.
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Jordan K. Merson
Principal
Merson Law
Mr. Merson has litigated medical malpractice, wrongful death, negligence, defective products and product liability,... | Read More
Mr. Merson has litigated medical malpractice, wrongful death, negligence, defective products and product liability, wrongful termination, harassment and discrimination cases, class actions and personal injury claims that have settled for multiple millions of dollars.
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Gillian A. Fisher
Partner
McGivney Kluger Clark & Intoccia
Ms. Fisher's practice includes talc and asbestos products liability/toxic tort, medical malpractice, and... | Read More
Ms. Fisher's practice includes talc and asbestos products liability/toxic tort, medical malpractice, and general liability cases. Over her 27+ year career, she has defended hospitals, nursing facilities and physicians in medical malpractice claims arising in numerous medical specialties, including obstetrics, infectious diseases, geriatrics, cardiology, transplant, general surgery, orthopedics and plastic surgery. Ms. Fisher has also represented clients in Intellectual Property and Entertainment law, including review and negotiation of contracts, negotiating disputes related to wages and discrimination, and handling issues concerning the rights of privacy and publicity.
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