The influence of legal risks and liability issues

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Determine the influence of legal risks and liability issues on policy and decision making
Overview
Telemedicine is an emerging medical technology that allows patients to connect directly with medical providers via video conferencing without having to leave their own home. However, as with any medical tool or practice, there are legal risks and liability issues that need to be considered. Understanding these risks and liabilities, as well as how stakeholders both influence and are impacted by decisions relating to them, is crucial for success within the healthcare field.

Imagine you are a consultant for a healthcare provider considering implementing a new telemedicine application. Your supervisor has asked you and two other consultants to write an analysis report for each of the three types of telemedicine they are considering to help the healthcare provider determine the key legal risks and liability issues they may encounter if they choose to implement this application. You will select which type you want to focus on from the list of scenarios below:

An obstetrician-gynecologist’s office is considering adding a remote monitoring application to help track fetal monitoring for expectant mothers with high-risk pregnancies or who have experienced previous trauma. The remote monitoring application would allow patients to remain in their local hospital without having to transfer to a larger tertiary care facility to be monitored.
A small doctor’s office in a rural area is considering adding a store-and-forward telemedicine system to allow the doctor time to evaluate a patient’s concerns and determine whether they should come to the doctor’s office for further evaluation or make the lengthy trip out to the hospital located in the nearest city.
An emergency department is considering a real-time interactive teleneurology service to determine the administration of thrombolytics to a suspected stroke patient.
you will need to research the telemedicine application you chose, as well as the legal risks and liability issues related to that system.

Specifically, you must include the following:

Definitions: Provide a clear, concise description of the differences between legal risks and liability issues. Consider the following guiding question in your response:
How might you explain the differences between legal risks and liability issues to someone who has never heard of these terms before?
Legal Risks and Liabilities: Summarize the key legal risks and liability issues regarding your chosen telemedicine application scenario. Consider the following guiding questions in your response:
What legal risks and liabilities are essential for those working in the healthcare industry to be aware of?
What are some of the consequences for medical professionals if laws are broken or liabilities are incurred in the workplace?
Stakeholder Influence: Describe how legal risks, medical claims, and tort reform can influence stakeholders with respect to telemedicine. Consider the following guiding questions in your response:
What are healthcare providers responsible for when caring for patients via telemedicine versus caring for them in person?
How can medical professionals maintain patient confidentiality while caring for patients via telemedicine?
How are underserved areas and vulnerable populations able to access telemedicine services?
Differing Needs and Interests: Analyze how differing stakeholder needs and interests can impact decisions regarding telemedicine. Consider the following guiding questions in your response:
What rights and needs do patients have when using telemedicine?
What rights and needs do healthcare providers and medical professionals have when using telemedicine?
What rights and needs do insurance providers have when using telemedicine?
What other stakeholders’ needs should also be considered when using telemedicine?
What is the impact of telemedicine on underserved areas and vulnerable populations?
Technology Risks: Discuss the additional legal risks and liability issues technology can have in telemedicine. Consider the following guiding questions in your response:
How does HIPAA (Health Insurance Portability and Accountability Act of 1996) apply to software developers and application managers who create and maintain the technology related to telemedicine?
What measures are taken to ensure the confidentiality of patient information?
How reliable is the technology related to telemedicine, particularly for those in underserved areas or members of vulnerable populations?

Sample Solution

debate as to whether such changes should be made based on findings which may not be truly representative and dependable. The use of victim surveys permits criminologists and the government to gain an enhanced awareness of trends regarding crime in comparison to just solely relying on and considering crime statistics (Šeparović, 1989). Victim surveys provide extra qualitative data concerning the demographics of victims, emphasising the place and time that an individual is most likely to become a victim of crime (Freeman, 2013), as well as taking unrecorded crimes into consideration. The information can then be assessed to reveal any patterns that may reveal certain aspects which could put a person at a higher risk of victimisation. As a result, crime prevention plans can therefore be adapted accordingly to aid the most vulnerable from being at risk.

The British Crime Survey remains to be an efficient way of collecting data as it is continuously being revised to take account of modern crimes, such as cybercrime (Jansson, 2007). The survey is seen as a respectable way to comprehend whether people within society are generally content with the criminal justice system, ultimately drawing attention to any public desire for improvements to be made (Muncie & Wilson, 2004). However, the reliability of data collected by victim surveys is disputed. For example, the surveys are only conducted within households meaning no corporate or white collar crime can be included (McLennan, 2000), other crimes such as manslaughter and murder are obviously omitted too. Victim surveys also exclude “residents of hospitals, prisons and old-age homes, who are often victimised and are not counted in the surveys” (Govender, 2013), therefore narrowing the sample, and consequently the reliability of survey findings even further.
An additional flaw that is also believed to damage the dependability of survey findings is memory loss, vital details may be forgotten or even over-emphasised making the information that is being recorded erroneous and subjective (Croall, 1998). It is also necessary to remember that the individuals taking part may either lie about being victimised or on the other hand, refuse to disclose information due to feelings of discomfiture (Schneider, 1981). There are a significant amount of factors to consider when assessing survey results, however, in comparison to quantitative research methods, it is considered by some that the risk of gathering slightly inaccurate information is worth taking. Victim surveys are successful in allowing and enabling a deeper understanding towards particular susceptible groups and crimes (Davies, Francis & Greer, 2007).

The use of surveys confronts methodological challenges, but limited issues construct difficulties of the same magnitude of those immersed in evaluating crime and victimisation. Although the surveys appear to give victims of crime a ‘voice’ by providing others with an insight into their experiences, the expediency of the feedback can be debated if victimless crimes, individuals under the age of sixteen and those not living at a registered address are excluded from contributing towards the “representative sample” (Jones, 2000) that organisations claim.

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