• Legal liability regarding Teleradiology services (Medical)

What are the legal liabilities associated with getting radiology reports done by a teleradiology provider? Are they different if the service provider is in another state? 

We have heard that some states e.g. Rajasthan have a law which stipulates that the radiologist needs to be physically present at the diagnostic centre to write the report. Is it possible to clarify this rule and what are some possible legal workarounds?
Asked 4 years ago in Business Law

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6 Answers

Hi,

There are small changes with regard to said provisions from state to state

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1)Tele radiologists in India read x-rays, CT scans, MRIs and other medical images of patients in the United States, Singapore and a host of other countries around the world.

2)The radiologist interprets the results and forwards both the results and the interpretation to the treating physician.

3) The radiologist may be liable for medical malpractice. The critical question in the case would be whether other reasonably competent radiologists would have noted the presence of the abnormality in the report.

4)if the radiologist failed to meet the standard of acting as a reasonably competent radiologist, failed to alert or communicate with the referring clinicians of important but unsuspected findings, failed to suggest appropriate next procedure when diagnostic specificity is required, incorrect examinations obtained on patients etc.then radiologist would be liable

5) claim can be filed against failure to alert or communicate with the referring clinicians of important but unsuspected findings, failure on the part of the radiologist to suggest appropriate next procedure when diagnostic specificity is required, incorrect examinations obtained on patients etc. ,

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hello,

No the difference in state does not matter.

this is true that without the presence of radiologist the report can not be written in certain states and the law with regards to this caries from state to state.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear,

It's vary state to state, and it's compulsory to radiologist needs to be physically present at the

diagnostic center to write the report.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Sir in my view the radiologist are governed under the law and rules made by the IMC but the states have made further amendments in that as far as i have the knowledge few states makes it mandatory for the Radiologist to physically verify the reports further in the states like Karnataka Tele-radiology is being allowed and promoted where being the physical presence is not required.

Further the radiologist opinion and diagnosis is based on the reports so the liability is limited to the outcome of the reports and further there is no risk in same as the reports are being sent vide mail and electronic medium now days in most of the hospitals.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Teleradiology is the transmission of radiological patient images, such as x-rays, CTs, and MRIs, from one location to another for the purposes of sharing studies with other radiologists and physicians.

Teleradiology is a branch of telemedicine in which telecommunication systems are used to transmit radiological images from one location to another.

There is no law in India making it illegal though there is no specific provision giving it a legally valid status.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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