Telemedicine: Claims Mitigation Strategies Brokers Should Know

Telemedicine and digital health have been steadily expanding, but the Covid-19 pandemic dramatically accelerated their adoption. For healthcare organisations, this shift has opened new opportunities for patient care, while at the same time creating exposures that fall outside the scope of traditional medical malpractice insurance.

For brokers, this is a clear opportunity: guiding clients through these new risks and ensuring they have protection that matches the realities of digital healthcare.

Why Telemedicine Changes the Risk Profile

Unlike conventional malpractice, telemedicine introduces risks that go beyond clinical negligence. System failures, data breaches, poor record-keeping, and inconsistent protocols can all result in claims. In many cases, these non-clinical vulnerabilities are just as likely to trigger a malpractice allegation as a misdiagnosis.

Brokers who understand these nuances are better positioned to advise clients and negotiate cover that truly reflects their exposures.

Training and Education

Regular training for practitioners, administrative staff, and management ensures everyone is aligned with compliance requirements and communication standards. For insurers, evidence of ongoing training is a positive underwriting factor. Brokers can use this as both a risk-mitigation recommendation and a lever in renewal negotiations.

Clear Procedures and Protocols

Telemedicine often involves multiple providers across different settings. Standardised protocols around prescribing, follow-ups, emergency escalation, and referrals reduce inconsistency and make treatment defensible. Brokers should encourage clients to demonstrate these processes, which strengthens their risk profile.

Technology and Platform Resilience

Digital health platforms need regular updates, security patches, and functionality testing. Without them, providers face higher exposure to system failures or cyber incidents that can disrupt care and lead to claims. For brokers, highlighting this overlap between technology management and malpractice risk helps underline the importance of comprehensive cover that bridges both areas.

Auditing and Peer Review

Routine audits and peer reviews are vital for quality control. They catch issues early and show insurers that governance structures are in place. Brokers can recommend this as a proactive step, both to reduce claim likelihood and to improve the client’s attractiveness to underwriters.

Compliance Oversight

Appointing a compliance officer (or outsourcing compliance functions) centralises oversight of licensing, prescribing protocols, billing, and patient engagement. For brokers, this signals strong governance — something that insurers value when pricing risk.

Documentation and Records

Defending a malpractice allegation begins with the records. Telemedicine providers must keep thorough, accurate notes of every consultation, including follow-up advice. Brokers should stress to clients that poor documentation weakens their defence regardless of cover in place, and may even impact policy response.

Why This Matters for Brokers

Telemedicine exposures often stem from non-clinical vulnerabilities. By educating clients, asking the right questions, and structuring policies that reflect these risks, brokers can add significant value and differentiate themselves in a competitive market. More importantly, they can help healthcare providers avoid the dangerous assumption that conventional malpractice cover is enough.

Partnering with a Specialist

As an MGA specialising in healthcare, we support brokers in navigating these evolving risks. Our products are designed with telemedicine in mind, ensuring clients have protection that goes beyond traditional malpractice. By working with us, brokers can confidently deliver solutions that keep pace with the changing healthcare landscape.