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Liability Issues for Electronic Communications

The ever-increasing acceptance of computer technology into our daily lives has slowly made its way into physician offices. No longer used merely for ease in billing, many physicians have expanded the use of the office computer into the area of patient communications. In fact, e-mail is quickly becoming the communication vehicle of choice for many busy physician practices because of its convenience.

Appropriate and time-saving uses for e-mail include the scheduling of appointments, timely provision of test results, follow-up information, response to patient care and billing questions and prescription refills.

Before you jump on the e-mail bandwagon, however, please take a moment to review the following as a means of acquainting yourself with the legal and ethical issues that can expose you and your practice to liability risk.

These include the areas of patient confidentiality, security and privacy, informed consent, and medical record documentation – some or all of which come into play when you institute an e-mail policy as a means of communicating information to your patients.

Physicians who institute e-mail communications with their patients should take the following action to secure electronically transmitted patient information:

  • Development of an office policy regarding the confidentiality of electronically transmitted information
     

  • Obtaining a patient's written consent prior to release of their information to a third party
     

  • Placement of a confidentiality notice on any patient e-mail communication
     

  • Institution of staff education on the appropriate uses of e-mail communication
     

  • Implementation of additional safeguards when using, storing or disclosing these communications

The American Medical Association has recently issued a set of guidelines to assist physicians in communicating electronically with their patients. These guidelines can be accessed at:

www.ama-assn.org/ama/pub/printcat/2386.html

We strongly urge you to review both the communication guidelines and the medicolegal and administrative guidelines that the AMA has developed for your use. Doing so will allow you to adopt appropriate policies, procedures and safeguards to meet the obligations associated with the use of this technology.


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