Risks Associated with Digital Health Leading to Medical Malpractice

Professionals in the healthcare field must remain up-to-date with the latest advancements in digital health technologies and receive proper training to effectively use the tools.

FREMONT, CA: The advancement of digital health technology has revolutionized the healthcare industry, offering innovative solutions that improve patient care, enhance diagnosis accuracy, and streamline medical processes. New risks and liabilities arise as technologies become increasingly integrated into medical practice. One significant concern is the potential for medical malpractice liability arising from using digital health technologies. Digital health technology encompasses various applications, including electronic health records (EHRs), telemedicine, wearable devices, mobile health apps, remote patient monitoring, and artificial intelligence (AI)-assisted diagnostics. 

The technologies can improve patient outcomes and increase efficiency in healthcare delivery. They introduce novel challenges that healthcare professionals must navigate. The primary risk associated with digital health technologies is the potential for inaccurate diagnoses and treatment recommendations. AI-driven diagnostic tools, while promising, are not infallible and can sometimes misinterpret data or provide incorrect suggestions. If a healthcare provider relies solely on these technologies without exercising their clinical judgment, misdiagnosis or improper treatment may occur, leading to patient harm and potential malpractice claims.

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Adopting digital health technologies necessitates storing, sharing, and storing sensitive patient information. While the technologies are designed with robust security measures, they are not immune to data breaches and cyberattacks. Unauthorized access to patient records can compromise patient privacy and expose healthcare providers to legal action for failing to adequately safeguard patient information. Digital health technologies heavily rely on software, hardware, and network infrastructure. Technical failures, such as software glitches, connectivity issues, or hardware malfunctions, can disrupt the proper functioning of these technologies. 

Healthcare providers may face malpractice claims if they rely solely on such technologies and must identify critical errors, resulting in delayed diagnoses or incorrect treatment plans. Integrating digital health technologies requires healthcare professionals to possess a certain level of technological competence and familiarity. Inadequate training can lead to errors in using these technologies effectively. If a healthcare provider lacks the necessary skills to operate digital health tools and this results in patient harm, it may constitute a basis for a malpractice claim. While digital health technologies offer numerous benefits, they can contribute to losing the human touch in patient care. 

Remote consultations and telemedicine may need more personal interaction than in-person visits provide. The detachment could lead to miscommunication, reduced patient engagement, and misdiagnoses, which may result in malpractice claims. The legal and regulatory frameworks surrounding digital health technologies are complex and continually evolving. Healthcare providers may face legal liabilities if they do not follow applicable laws and regulations, such as data protection laws or licensure requirements for telemedicine. Navigating this intricate landscape is essential to avoiding potential malpractice claims.