What Is a “Bona Fide” Doctor-Patient Relationship? Why This Question Could Cost You Your License
With the advent of telemedicine, the nature of the doctor-patient relationship has become the focus of many state medical boards. While telehealth appointments with medical professionals with whom you have a pre-existing relationship are not an issue, some other types of telemedicine relationships may be problematic.
Many companies advertise medications that can be prescribed to you from the comfort of your own home. No in-person appointment is necessary. This type of arrangement is especially prevalent for certain medications that may be embarrassing to admit that you take, such as those prescribed for erectile dysfunction or hair loss. Even antidepressants may be prescribed by providers without an in-person visit. However, if a doctor-patient relationship is found not to exist, the medical provider could be at risk for discipline.
If you are accused of an improper doctor-patient relationship, the Professional License Defense Team at the LLF National Law Firm can help. We have defended doctors and other healthcare professionals for many years against serious accusations of professional misconduct across the United States. Call 888-535-3686 or fill out our confidential, online contact form today.
The Doctor-Patient Relationship
State law defines the confines of the doctor-patient relationship and is a critical factor in determining the legal and ethical standards for a telemedicine relationship. The relationship must meet standards of care and be consistent with state rules regarding that issue. A doctor or other medical provider who is found not to have a “bona fide” doctor-patient relationship may be at risk of discipline from state medical boards.
In Virginia, for example, the doctor-patient relationship must be established through real-time audio-visual communication and must include verifying the identity of both the doctor and the patient. In Florida, the medical provider must establish that a documented patient evaluation took place, including history and physical examination to establish the diagnosis for which any drug is prescribed, and a discussion between the physician or the physician assistant and the patient regarding treatment options and the risks and benefits of treatment.
The consequences of being found guilty of the lack of a doctor-patient relationship by a professional licensing board can be severe, including hefty fines, a suspension, or even the permanent loss of your license. Additionally, the lack of such a relationship could be grounds for a finding of medical malpractice.
The LLF National Law Firm Has the Experience You Need To Mount a Strong Defense
At the LLF National Law Firm, our Professional License Defense Team has represented doctors and other healthcare professionals for many years in a wide variety of matters nationwide. Our team can guide you through the complex disciplinary process and put together a defense against even the most serious allegations. Our dedicated and compassionate legal professionals will be with you through every step of your licensing board proceedings.
The LLF National Law Firm Professional License Defense Team is ready to move quickly to fight for your rights and negotiate the best possible outcome. You need a strong, experienced team by your side to help you stand up for yourself. Call 888-535-3686 and schedule a consultation today. You can also use our contact form to provide us with details about your case. All information will be held in strict confidence.