Technological advances have transformed the concern about “curbside” consults to “econsult.” But the recommendations are mostly unchanged. As with any formal consultation, a clinician responding to a request for consultation on a specific patient via an electronic format (text, email, EHR notes, etc.) becomes part of that patient’s record and, thus, is subject to discovery in any legal pursuit regarding medical professional liability. Additional thoughts and recommendations from a medical malpractice defense attorney regarding the risks of consults are available in the article Curbside Consults in the Digital Age.
In general, providers are discouraged from engaging in “informal” consults about a specific patient—either as the inquiring or the responding party. Given the permanence of electronic communication, there is no such thing as an informal “econsult,” as the date, time, and parties involved are captured, and subject to legal discovery.