Telemedicine liabilities shifting from injury to data privacy and regulatory risks

CFC, a specialist insurance provider, has published a new global Digital Healthcare Report 2025: Navigating the digital health landscape, based on experience from its eHealth product. It shows that growing use of digital healthcare solutions has resulted in the company experiencing a significant rise in claims notifications – the majority of which would not normally be covered by traditional medical malpractice policies.

The CFC report says that two thirds of eHealth claims today stem from emerging sources such as advertising liability, intellectual property issues and cybercrime. They say 25 per cent of eHealth claims stem from cyber losses, while 38 per cent of the total cost of eHealth claims is due to cyber and 70 per cent of eHealth cyber claims payments were due to ransomware.

Claims continue to evolve, the report adds. While artificial intelligence (AI) continues to drive decision making, “helping both doctors and patients understand risks and take early action,” they add, “the stage is set for escalating cyber threats and regulatory challenges, with increasing emphasis on AI accountability – particularly as the digital healthcare industry navigates complexities in teleprescribing and data security.” 

The report adds that the AI healthcare market is expected to grow significantly, “while introducing risks at every level,” the report states. “While AI-related errors still pose bodily injury risks, they are increasingly leading to non-bodily injury exposures, including claims related to data breaches, intellectual property (IP) disputes and patient discrimination arising from data biases.” The report also looks at regulatory investigations and fines.

GLP-1 agonists a risk, as well  

The global report says the growing use of glucagon-like peptide (GLP-1) agonists for weight loss has triggered claims across multiple policy sections, accounting for four per cent of CFC’s eHealth claims.

The increased use, they say, has driven increased regulatory scrutiny of emerging healthcare models, particularly those where digital prescribing without an in-person evaluation have increased the risk of improper prescriptions.

“Bodily injury claims include adverse reactions like jaundice, nausea, liver and kidney damage,” the report states. “However, the exposure extends beyond bodily injury to patients with a broader range of coverages being triggered from product liability and medical board actions to advertising injury.”