This Comment begins in Section II with an overview of the current telemedicine practices in healthcare, as well as the current law within Illinois regarding telemedicine use. Section III of this Comment discusses the flaws under the current Illinois law that act to impede licensed medical professionals from providing telemedicine services in patient care. Section III specifically focuses on the area of medical negligence to include the establishment of the physician-patient relationship, the applicable standard of care, and the scope of the requisite informed consent. This Section also examines and compares various legislation enacted in other states that provide a solution to these liability issues in telemedicine. Section IV proposes legislation for the Illinois Legislature to adopt in order to address these medical negligence and liability concerns, maximizing the protection and safety of patients through the use of telemedicine. Section V concludes by urging the Illinois Legislature to adopt legislation utilized by other States to protect against the deteriorating quality of healthcare by expanding for the utilization of telemedicine services.
Laura E.A. Wibberley, Telemedicine in Illinois: Untangling the Complex Legal Threads, 50 J. Marshall L. Rev. 885 (2017)