LEGAL UPDATE
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O U T P AT I E N T S U R G E R Y M A G A Z I N E O N L I N E | S E P T E M B E R 2 0 1 4
What is a doctor's duty?
The FSMB's guidelines emphasize the importance of recognizing and
respecting the boundaries of the physician-patient relationship during
online interactions with both current and prospective patients.
A physician must always be mindful of the risk associated with elec-
tronic communications. In the overview, when a physician and a
patient have formed a relationship, the physician owes that patient a
duty (the extent of which is usually prescribed by state law), and a
breach of that duty could result in a medical malpractice claim or
other negligence action if the patient sustains damages.
But it's still a bit of a gray area as to whether this duty is limited to
the confines of the healthcare facility, or whether it extends to e-
mail or social media. This can be particularly dicey since it is diffi-
cult to ascertain the expectations and the full extent of a patient's
medical condition through electronic interactions.
Even more risky is when a physician is not yet formally treating a
patient. Then, any online communications raise questions about
whether a treatment relationship has formed, when it formed (after 1
e-mail? After 5 e-mails?) and at what point the physician owes a duty.
Each situation is fact-specific and each state has its own require-
ments for what constitutes a physician-patient relationship, so being
aware of the fine line is critical when communicating electronically.
Since these interactions, and the advice offered in them, may blur the
line between patient and friend, individual providers are strongly
advised to keep their professional and personal social networking
accounts and content separate. OSM
Ms. Ryan (
nrya n@clark hill.com
) is an associate in the healthcare practice
group of Clark Hill PLC, in the firm's Birmingham, Mich., office.
