Myths & Misconceptions:
E-Mail Risk Management
At
this point in time, there is little specific, detailed risk management
advice to give regarding the use of e-mail with patients. Risk management
advice is derived from the lessons learned in lawsuits, and as we do
not yet have established e-mail liability law to study, the advice we
can give is taken from similar liability situations and reasonable extrapolations
of existing law.
The
four most basic steps you can to take to minimize potential professional
liability are:
1) use e-mail only with established patients;
2) use e-mail only in the state(s) in which you are licensed;
3) address security and encryption issues; and
4) obtain & document specific informed consent to use e-mail.
Beyond
these steps, you should review current literature and materials on the
subject, including the AMA's guidelines and those of other professional
organizations. Also, check the guidelines of any third party entity
that you may use, for example, some vendors of online physician - patient
services have published guidelines for use.
Realize
that e-mail is not appropriate for every treatment situation or every
patient. As with other treatment decisions, evaluate patients for appropriateness,
document the clinical justification for using e-mail, and reevaluate
appropriateness periodically.
E-mail
may be a wonderful tool in the arsenal of psychiatry, however, it is
easy to become complacent with technology and to let it dictate one's
actions to some extent. Understand that the responsibility for patient
care remains the same regardless of the treatment modality employed
or the payment situation. Physicians always have a responsibility to
provide thoughtful, professional care.
