{"id":8278,"date":"2020-09-25T13:04:35","date_gmt":"2020-09-25T17:04:35","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/virtual-healthcare-your-health-and-safety\/"},"modified":"2020-09-25T13:04:35","modified_gmt":"2020-09-25T17:04:35","slug":"virtual-healthcare-your-health-and-safety","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/virtual-healthcare-your-health-and-safety\/","title":{"rendered":"Virtual Healthcare: Your Health and Safety"},"content":{"rendered":"<p>In the spring and summer of 2020, virtual healthcare visits <u><a href=\"https:\/\/www.aha.org\/factsheet\/telehealth\" target=\"_blank\" rel=\"noopener\">increased over 4,000 percent<\/a><\/u>, mostly due to the coronavirus outbreak.<\/p>\n<p>The number of healthcare facilities offering such services also increased significantly, mostly due to supply and demand.<\/p>\n<p>Previously, many facilities hesitated to offer such services, typically because of high implementation costs.<\/p>\n<p>Virtual healthcare contacts do not feel as formal as in-person doctor visits. But this informality does not reduce the doctor\u2019s duty of care.<\/p>\n<p>If anything, the facility has even more responsibilities, given issues like online security, accessibility issues, and online prescriptions.<\/p>\n<p>If the facility\u2019s level of care fell below an acceptable standard, and that lack of care caused injury, a <u><a href=\"\/practice-areas\/medical-malpractice\/\">personal injury attorney<\/a><\/u> might be able to obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.<\/p>\n<p>Additional punitive damages might be available as well, given a physician\u2019s high standard of care.<\/p>\n<h2>Benefits of Virtual Healthcare<\/h2>\n<p>In the coronavirus age, virtual healthcare services have some concrete benefits, especially given the advanced internet infrastructure available.<\/p>\n<p>Over the past several years, due to a shortage of staff and patients, many <strong>rural healthcare facilities<\/strong> have closed. Virtual healthcare allows rural residents to access doctors who are not within driving distance.<\/p>\n<p>Broadband accessibility is sometimes a concern in this area. Almost twenty-five million Americans do not have reliable broadband access.<\/p>\n<p>The Federal Communications Commission\u2019s <u><a href=\"https:\/\/www.fcc.gov\/general\/connect-america-fund-caf\" target=\"_blank\" rel=\"noopener\">Connect America Fund<\/a><\/u> provides grants which allow communities to expand their broadband infrastructure.<\/p>\n<p>In addition to connecting patients with doctors, broadband connects urban specialists to rural hospitals and allows both rural patients and physicians to access a deeper pool of medical assistance.<\/p>\n<p>Furthermore, virtual healthcare <strong>increases patient satisfaction<\/strong>. Today\u2019s customers, including healthcare patients, expect a high level of convenience.<\/p>\n<p>They do not like to wait. Virtual healthcare helps significantly reduce wait time, thanks to tools like virtual check-in.<\/p>\n<p>Virtual healthcare also reduces costs by an average of $76 per visit. That\u2019s a significant savings, especially among cost-sensitive populations.<\/p>\n<h2>Challenges of Virtual Healthcare<\/h2>\n<p>The virtual healthcare explosion does have some serious challenges to overcome. A failure to do so is arguably negligent.<\/p>\n<p><strong>Privacy, fraud, and security concerns<\/strong> are perhaps the most obvious risk area. Physicians must conduct virtual healthcare contacts in private environments.<\/p>\n<p>That means no multitasking on a tablet or smartphone.<\/p>\n<p>If anyone is in a position to overhear anything, the visit violates the Health Insurance Portability and Accountability Act\u2019s privacy requirement.<\/p>\n<p>Additionally, some devices or platforms automatically send sensitive information to advertisers and other third parties.<\/p>\n<p>Housing data and substance abuse counselling are two examples. It\u2019s not always possible to disable this feature, or at least it\u2019s not always easy to do so.<\/p>\n<p>Security breaches, mostly due to malware placement or hacking activities, affect millions of patient records every year.<\/p>\n<p>The facility\u2019s cybersecurity infrastructure must be robust enough to deter and defeat these attacks. Unless the platform has a successful track record in the healthcare industry, it is probably inadequate.<\/p>\n<p>Virtual healthcare also involves <strong>licensure issues<\/strong>. All doctors must be licensed by a state\u2019s governing medical board.<\/p>\n<p>There is no internet exemption in this area. Virtual doctors cannot provide virtual services to patients in another state. Unlicensed physicians are incompetent as a matter of law.<\/p>\n<p>There is also no internet exemption to the medical standard of care.<\/p>\n<p>Doctors have a <u><a href=\"https:\/\/biotech.law.lsu.edu\/Books\/lbb\/x236.htm\" target=\"_blank\" rel=\"noopener\">fiduciary duty<\/a><\/u> toward their patients, when it comes to things like accurately diagnosing illnesses. In a virtual environment, this duty is not always easy to fulfill.<\/p>\n<p>On a related note, federal and state laws limit online prescriptions of opioid painkillers and other controlled substances.<\/p>\n<p>Virtual doctors must be made aware of these laws. Also important to know is that Medicare only pays for virtual healthcare visits if the contacts meet certain requirements.<\/p>\n<p>Failure to adequately address these challenges could seriously injure patients. A data breach could affect thousands or millions of people, and a privacy breach could be equally disastrous.<\/p>\n<p>Typically, these victims have remedies in both civil and criminal court.<\/p>\n<p>Healthcare facilities have special responsibilities in the area of virtual healthcare visits.<\/p>\n<p>For a free consultation with an <u><a href=\"\/contact-us\/\">experienced medical malpractice lawyer<\/a><\/u>, contact Napoli Shkolnik . You may have a limited amount of time to act.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In the spring and summer of 2020, virtual healthcare visits increased over 4,000 percent, mostly due to the coronavirus outbreak. The number of healthcare facilities offering such services also increased&#8230;<\/p>\n","protected":false},"author":3,"featured_media":8279,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[787],"tags":[1026,953,971,989,992,993,1006,1009],"class_list":["post-8278","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-medical","tag-healthcare","tag-medical-malpractice","tag-health-and-safety","tag-standard-of-care","tag-coronavirus","tag-covid-19","tag-data-breach","tag-privacy"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8278","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/comments?post=8278"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8278\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media\/8279"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=8278"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/categories?post=8278"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/tags?post=8278"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}