Informed Consent
The most common "medical treatment" provided on the Internet involves medical advice or prescriptions, although prescriptions for controlled substances are generally disallowed by law. The physician should ascertain that the patient understands what medical advice is being proffered, including the alternatives and material risks. Claims asserting lack of informed consent are a part of virtually every malpractice lawsuit and cyber consent may yet emerge as a minefield.
Privacy and Confidentiality
Privacy and confidentiality issues cover all aspects of medical communication, including e-mail and other Internet interactions. In addition to civil suits by the aggrieved patient and/or family members, the federal Health Insurance Portability and Accountability Act imposes both civil and criminal liabilities on the health care provider who is found in violation of written standards, so conscientious adherence to privacy guidelines and procedures is paramount. Take e-mail messaging as an example. It is not as secure as one would like to believe, and doctors who use this form of communication are obligated to take all means to safeguard patient privacy and confidentiality, including the avoidance of an unauthenticated, nonencrypted, nonsecure communication network.