Virginia: Medical Malpractice – a Lawyer’s Telemedicine

Virginia: Medical Malpractice – a Lawyer’s Telemedicine

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for December, 2015, is entitled “SCIENCE & TECHNOLOGY”.

A feature article of December 2015 Trial is “MEDICINE IN A VIRTUAL WORLD”. Id. at 38-45. It marquees “telemedicine,” which the American Telemedicine Association (“ATA”) defines as “the use of medical information exchanged from one site to another via electronic communications to improve a patient’s clinical health status”. Id. at 39. “Telemedicine includes the transmission of medical images to health care providers for real-time interpretations, remote vital sign monitoring, live patient consultations via video and audio conferencing, remote surgery, telephone triage, and the transfer of patient records for remote review.” Id.

Trial reports that “there seems to be little dispute that the practice of medicine occurs where the patient is at the time care is rendered and not where the doctor is located.” Id. at 40, 42. Nonetheless, telemedicine may raise issues about standard of care, personal jurisdiction and/or patient safety. Id. at 40 and 42-44. Moreover, potential federal legislation such as the TELE-MED Act of 2015, H.R. 3081 and S. 1778 – which allows a Medicare provider to provide telemedicine services anywhere in the United States – raises issues of state licensing. Id. at 43.

Other leading articles in December 2015 Trial are “UNCOVERING Fantasy Science,” by Dorothy Clay Sims, Esq., one of the nation’s top lawyers on cross-examining experts, id. at 26-29; “Noteworthy Apps,” such as Trial Pad, Transcript Pad, Paper, iThoughts, Visible Body 3d, Keynote, and Evernote, id at 22-25; “ANIMATIONS AND 3-D PRINTING AT TRIAL,” id. at 46-52. “DRILLING AWAY DEFENSES IN FRACKING CASES,” id. at 30-36; and “A GAME OF DRONES”. Id. at 16-20.

Finally, Trial reported “Verdicts & Settlements”. Id. at 8-15. “Negligent Performance of Microdisectomy” covers a $1,000,000.00 medical malpractice settlement in Minnesota. Other noteworthy national cases are “Apartment Resident and Guests Injured in Balcony Collapse,” a $24,750,000.00 Alabama jury award, id. at 8, 10; “Restaurant’s Failure to Protect Patron Leads to Parking Lot Assault,” a confidential California settlement, id. at 10, 12; “Failure to Clear Shrubs from Freeway Shoulder,” a $9,850,000.00 California settlement, id. at 12, 14; “Negligent Maintenance of Tanker Truck,” a $18,790,000.00 Alabama jury verdict, id. at 14-15; and “Improper Lookout,” a $3,300,000.00 California settlement. Id. at 15.

Mr. Waterman has been a member of AAJ/ATLA for almost 3 decades. He handles medical malpractice, vehicle accidents, and other tort cases involving wrongful death, brain injuries and other serious personal injuries.