Tag: smartphone malpractice

Mobile technology use by physicians on the job may increase malpractice risk

By Tim Bredrup Advancements in mobile technology has the potential to influence healthcare in many ways.  However, not all of these ways are positive.  The digital innovation we’ve seen in devices  such as smart phones and tablets have the potential to distract health care professionals on the job, and possibly leading to an increase in […]

For physicians, does using a smartphone increase your exposure to malpractice claims?



Dr. McMenamin, who was a practicing emergency physician before turning his sights to the practice of law discusses when a physician-patient relationship is considered to form. 

A good rule is that a general discussion of a topic, even if erroneous, is unlikely to be actionable. The more the discussion is patient-specific, however, the greater the likelihood that a relationship will be deemed to exist, and so the greater the likelihood that a duty will be found. 

Based on the telephone cases, if the doctor knows the patient’s name, or has access to his old records, or has examined the patient, or is paid a fee, the probability increases that a duty will arise.