Navigating the Digital Shift: Balancing The Benefits and Legal Risks of Patient Portals

As healthcare providers continue to prioritize digital engagement and patient-centered care, the adoption of patient portals has become a key tool for improving patient communications. However, the integration of these platforms also brings new legal and clinical risks that must be carefully managed. Misinterpretations of information/data, reliance on the patient portal as the sole method of patient communications, or patient transmission of urgent/emergent messages via the portal can all lead to delayed care and/or poor medical outcomes that may ultimately result in medical malpractice lawsuits. As litigation continues to heavily focus on audit trail and metadata issues, the electronic footprint in the patient portal audit trail can be either a shield or a sword when defending medical malpractice claims. The presenters will discuss mitigation strategies for managing risks associated with the use of patient portals and how the reliance on patient portals impacts medical malpractice laws.

Learning Objectives

1.    Explore effective mitigation strategies for managing legal risks linked to patient portals.

2.    Understand the role of patient portal audit trails and metadata in legal proceedings, and how they can serve as both a protective tool and a potential source of liability in medical malpractice cases.

3.    Evaluate the ethical considerations surrounding patient portal use, such as patient privacy, data security, and informed consent, and how these factors contribute to both patient safety and legal compliance.

Relevancy of Topic to Health Care Risk Management - The relevancy of the session topic is an important factor in the acceptance of a session proposal. Please provide information as to why the topic is important to health care risk management professionals; what they will get out of investing their time; and how it will make their life/ job easier or more efficient.

This presentation is important for healthcare risk management professionals because it addresses the increasing role of patient portals and the associated risks that could have significant legal and clinical implications. As healthcare providers continue to embrace digital engagement and patient-centered care, patient portals are becoming integral tools for improving communication, enhancing patient outcomes, and streamlining care delivery. However, with these benefits come new challenges, including potential miscommunications, delayed care, and even the risk of medical malpractice lawsuits. Risk management professionals will leave with practical, actionable strategies for improving the communication between patients and healthcare providers through patient portals, leading to better outcomes and a reduction in the likelihood of costly lawsuits.

Teaching Methods

The presentation will include an interactive discussion addressing the use of patient portals, aided by the use of PowerPoint. Questions will be encouraged throughout the presentation and during an end-of-session question and answer session. 

Bios

Robert is a shareholder in the Health Care Department at Marshall Dennehey. He devotes his practice to defending healthcare professionals and institutions against malpractice liability claims in both Pennsylvania and New York. An active member of the legal community, Robert is the Secretary of the Pennsylvania Defense Institute, after previously serving as an at-large board member. He is also an active speaker and author on topics including management of health risk and claims, electronic medical records, audit trails and long-term care.

Speaker Experience: ASHRM Annual Conference; Pennsylvania Association for Health Care Risk Management; Pennsylvania Defense Institute; Medical Liability Insurance ExecuSummit; Pennsylvania Association for Health Care Risk Management; West Virginia State Council for the Society of Human Resource Management;

A shareholder in the Health Care Department at Marshall Dennehey, Melissa defends health care providers and facilities in Pennsylvania and New York. She is a Certified Mediator for the United States District Court for the Middle District of Pennsylvania, providing an alternative means of resolving civil disputes in the areas of medical malpractice, personal injury, premises liability and FELA litigation. Melissa is an experienced trial attorney, and has also represented health care professionals before various licensing boards in New York State relating to professional licensing matters. Melissa is a member of the Pennsylvania Bar Association’s Commission on Women in the Profession, Promotion of Women, and Mentoring committees. 

Speaker Experience: Association for Healthcare Risk Management of New York; American Society for Health Care Risk Management; Medical Professional Liability Association; Michigan Society of Healthcare Risk Management

Tickets

$0.00 PAHCRM Member

$50.00 Non-Member