Specific informed consent needed in telemedicine
Physicians should discuss the need for a specific informed consent form when considering the liabilities associated with telemedicine, states a report based on a colloquium organized by the Physicians Insurers Association of America. The colloquium studied liability issues related to physicians' use of telemedicine, the Internet, and e-mail. The following are some of its recommendations:
o Physicians should document clinical information and the indentity of any person participating in a telemedicine consultation. The health care provider should develop an agreement with any third-party source that may have access to confidential information that all records are to be kept confidential and will be used only for contracted and specific purposes. Third-party sources include vendors, equipment manufacturers, and systems consultants.
o Physician Web sites should contain appropriate disclaimers, to which a user should agree before accessing them. A physician Web site also should state clearly if the site is intended for commercial purposes. Physicians should avoid linking their sites to others because there is no way to control information presented at other sites.
o Physicians who send patient information by e-mail should use encryption and return receipts to confirm the e-mail was received. They also should keep copies of e-mail sent to patients in their medical records.
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