Clinique Omicron has established these limitations of liability in order to clearly define the obligations of the clinic and patients in the context of teleconsultations. These limitations are intended to protect the clinic while informing the patient of the risks inherent in the use of virtual health services.
4.1. Limitations Related to Information Provided by the Patient
- Responsibility for information provided: Clinique Omicron cannot be held responsible for medical decisions made on the basis of incomplete, inaccurate or omitted information provided by the patient.
- Duty of disclosure: The patient is responsible for providing complete, accurate and up-to-date medical information at the time of consultation. Omission of important details can compromise diagnostic accuracy and quality of care.
- Mandatory clause:_ "The patient acknowledges that the accuracy of the diagnosis relies on the truthfulness and completeness of the information he or she provides during the teleconsultation."
4.2. Limitations due to technical constraints
- Technical incidents: Clinique Omicron is not responsible for service interruptions, Internet connection problems, software failures, or any other technical problems related to the patient's equipment or technological environment.
- Impact on quality of care: If consultation is interrupted due to technical difficulties, the clinic will do its utmost to re-establish communication, but cannot guarantee immediate continuity of service.
- Safety clause:_ "Clinique Omicron cannot be held responsible for data loss or service interruptions caused by technological incidents beyond its control."
4.3. Limitations inherent to teleconsultation
- Lack of direct physical examination: Teleconsultation has clinical limitations, including the impossibility of performing a full physical examination when necessary for a precise diagnosis.
- In-person consultation recommendation: In cases where a physical assessment is deemed essential, the healthcare professional will recommend that the patient consult in person.
- Disclaimer:_ "Clinique Omicron declines all responsibility for medical consequences resulting from the absence of in-person medical follow-up when recommended."
4.4. Limitations in the event of a medical emergency
- No management of emergencies: Teleconsultation services are not intended for the management of medical emergencies. In the event of an emergency (severe chest pain, breathing difficulties, signs of stroke, etc.), the patient must immediately contact emergency services (9-1-1) or go to the nearest hospital.
- Limitation clause: "Clinique Omicron cannot be held responsible for any consequences resulting from the inappropriate use of teleconsultation services for situations requiring immediate emergency care."
4.5. Acceptance of Limitations of Liability
Before confirming a teleconsultation appointment, the patient must read and explicitly accept this section.
- Acceptance clause:_ "By confirming my teleconsultation appointment, I acknowledge that I have read, understand and accept Clinique Omicron's limitations of liability, including those related to the information provided, technical limitations and medical constraints inherent in virtual care."