A WORD TO THE WIRELESS
7 Ways to avoid a lawsuit
By Louis Sportelli, DC

Doctors of chiropractic are often “early adopters” of new technology, and patients are increasingly receptive to communicating with their doctors via technology.

According to a Harris Interactive survey, 90 percent of patients with online access want to communicate with their physicians in this manner.

However, state-of-the-art electronic devices such as cell phones, pagers, personal digital assistants (PDAs), and wireless technologies aren’t always sufficiently safe and secure when it comes to protecting patient information.

And, especially with HIPAA regulations, protecting patient privacy must be paramount.

Some tips to remember:

1. Don’t talk in public. Mobile calls can be overheard as easily as any public conversation. Be cautious when discussing patient matters over your mobile phone.

If the conversation involves particularly sensitive or identifiable patient information within earshot of others, you may be better off advising the caller that you’ll return the call when you can talk in private.

2. Safeguard your PDA. The small size that makes these handhelds so portable and handy also makes them easy to lose or be stolen. Encryption and authentication are as important with your PDA as they are with paper medical records, your practice computer system, or any electronic patient information.

Once your PDA is lost, the risk that patient information can be accessed inappropriately and patient confidentiality will be breached is high.

3. Don’t mix personal information with practice information. The information you exchange through your PDA, BlackBerry, or videophone should not be mixed with those used in your professional practice. This is especially true any time patient information is stored on these devices.

4. Develop e-mail privacy guidelines. Both your patients and your staff should be aware of your policies for turnaround times, identity verification, and what should and should not be e-mailed. Note: Take care not to send e-mail to the wrong person. This violates HIPAA guidelines.

5. Ask for a release. Ask patients to sign a release form that permits you to send them e-mail. On the release, ask if the patient is the only person to use that e-mailbox. (Many e-mail accounts have multiple users.)

6. Document and store e-mail communication and advice. In the event of malpractice litigation, electronic documentation will be as important as any other patient documentation. Also, make sure to back up electronic files on patients and keep them secure.

7. Take care in delivering phone messages. Be sure messages go to the right individual. With caller ID, your identity may be known to all phone users at an address, even when you don’t leave a message. Conversely, calls may be unknown or blocked even with caller ID.

Louis Sportelli, DC, is president of NCMIC Group, Inc., a provider of malpractice protection. For more information call 800-769-2000, ext. 4163.

DISCLAIMER: The accompanying text is offered solely for general information and educational purposes and is not offered as, nor does it constitute, legal advice or opinion. You should not act or rely upon this information without seeking the advice of an attorney.