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The Future of Medical Malpractice Claims in a 'Tele-World'

By Elizabeth A. Syer

Imagine this: You are lying in a hospital bed, hearing the soothing sounds of your doctor counting you numerically backward toward sleep. Only, your doctor is 1500 miles away at a major medical center, and you are five miles away from home with a robot resembling Star Wars' R2-D2 hovering over you. Does this sound light-years away? Think again. Amazingly, through the advances allowed by telemedicine, it is now happening in the medical world, and on a more regular basis.

So what happens when something goes wrong during the treatment, through robotic, electronic or human malfunction? Due to its evolving nature, there is a distinct lack of appellate authority regarding telemedicine mishaps. However, the case law involving cross-state medical care does reveal how the courts might handle these sorts of cases.

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