Innorad Teleradiology Service
Term and Conditions
i. This is a Post paid service.
ii. Payments shall be made within 5th of every month.
iii. Service shall be stopped if the account balance is not paid beyond 10th of every month.
iv. The integrity of the report solely depends on the reporting doctor and we shall not be liable in any case.
v. The cases are accountable and will be charged according to the access by the reporting doctor.
Innorad shall arrange for the following items and services
i. Review of the images by radiologists
ii. Completion of a preliminary report (the "Report"), interpreting the customer sent data and images, providing diagnoses based thereon, recommendations for further diagnostic procedures and such other services reasonably related thereto as are customarily rendered by diagnostic radiologists and considered part of the professional component of radiology services. The Report shall consist of the radiologists handwritten or typewritten notations on the patient information from a Customer(commonly referred to as a "wet read"), and/or such other information in such form as may be required under this Agreement
iii. Availability for telephone consultation by the radiologist with a physician at the Customer Site
iv. The Interpretive Services shall be provided during the Hours of Coverage
The Customer acknowledges
i. Innorad shall be the sole Teleradiology service provider with which the customer is affiliated
ii. The aforementioned price is only applicable if and only when all the cases are reported from the Innorad's panel of doctors
iii. Premium rates are applicable when cases volume is not reached
iv. A service charge of Rs. 2,500/- shall be added to the monthly charge if the case volume is less than 50 per month.
v. If in case there is dispute between the payments for service rendered the customer has to settle the full amount in dispute, additional amount if found shall be reimbursed upon proper verification.
Hours
i. Normal Reporting time starts from 9:00 am and ends at 8:00 pm.
ii. Night Reporting starts from 8:00 PM to 11:59 PM
iii. Cases after 12:00 am will be reported the next day.
iv. Turnaround Time is 1 to 2 hours for CT and 2 to 3 hours for MRI.
v. Neither Innorad nor its radiologists shall be responsible for delays caused by insufficient patient information, receipt of incomplete or inadequate images at the Customer Site.
vi. Innorad shall promptly notify the Customer of any insufficient patient information, receipt of incomplete or inadequate images at the radiologist's site. Both parties shall work cooperatively to achieve the aforementioned report turnaround goals
vii. Neither party shall be liable to the other for delay in performance or failure to perform due to causes beyond its reasonable control, including but not limited to an act of God, acts or omissions by the other party, acts of civil or military authority, changes in relevant laws or regulations governing either party, or labour or transportation problems.
Customer responsibility
Personnel
The Customer shall employ or cause to be employed at the Customer certified radiological technologists to properly transmit images to the Radiologists', also that person shall be responsible for handling day today activities not limited to receiving reports and dispatching to patients properly.
Records
Customer shall maintain all radiographic films and related patient records pertaining to studies interpreted by the Radiologists in accordance with applicable state and national laws and shall discharge any obligation that Innorad and/or the Radiologists may have under such laws with respect to such films and records, including but not limited to the preservation of confidentiality. Upon request by Innorad, or the Radiologists for reasonable business purposes, including patient treatment or in connection with a professional liability claim, Customer shall provide access to such films and records by the requesting party or its authorized agent, including the right to make copies thereof at the expense of the requesting party to the extent allowed by law.
Functionality
a. The Staffs at customer place are independent contractors who alone are responsible for professional skill and judgement. The staffs are not subject control of the customer. However the customer is assume fully responsible for the actions of staffs and its consequences.
b. Certain procedures such as MR or CT with contrast might be suggested by the radiologist and might require "direct" supervision of trained medical physician. For those procedures, the supervising physician need not be in the same room when the contrast agent is administered but should be "in the premises" and available to assist if required.
c. The diagnostic tests generally require that they be performed under the supervision of a licensed physician. Most tests can be performed under "general" supervision; that is, the physician need not be at the facility when the test is performed, but a supervising physician is responsible for the overall quality of the images performed at that facility. He or she should interact with the technologists, participate in monitoring the equipment, and otherwise be responsible for quality matters.
d. It's the responsibility of the customer to educate the patient that the reports are done by Teleradiology providers.
e. The customer must ensure proper patient care is maintained and will not hold the Innorad or the radiologist to any responsibilities thereof.
The Customer acknowledges that:
i. Complex software is never wholly free from defects, errors and bugs, and Innorad gives no warranty or representation that the Platform will be wholly free from such defects, errors and bugs.
ii. Innorad will not and does not purport to provide any legal, taxation or accountancy advice under this Agreement or in relation to the Platform and (except to the extent expressly provided otherwise) Innorad does not warrant or represent that the Platform will not give rise to any civil or criminal legal liability on the part of the Customer or any other person.
iii. Innorad DOES NOT undertake any Medico Legal cases. It is administratively not possible to make available our Radiologists for any Medico Legal Court Appearances.
iv. All Reports are prepared by qualified doctors authorized to report on diagnostic images. The reports are based on images and patient's documents provided by the CUSTOMER. Innorad does not undertake accountability of errors in interpretation of images.
v. As per company policy all studies reports are stored online for a period of one month from current date, no image in any formats are stored in any place rather than the clients location, hence Innorad does not archive or provide any archival services.
Limitations and exclusions of liability
Innorad cannot be held liable for any incidental, consequen-tial, punitive, and special or other indirect damages. Exclusions from limitations of liability include losses resulting from a breach of confidentiality, refusal to provide services, death, bodily injury, and damage to tangible property, violation of applicable law, gross negligence or wilful misconduct.
Gross Negligence:
Gross Negligence Means miscon-duct that rises to the level of gross negligence must show "reckless indifference to the rights of others." The conduct must show a "failure to use even slight care or conduct that is so careless as to show complete disregard for the rights and safety of others." The gross negligence standard focuses on the sever-ity of a party's deviation from reasonable care.
Willful Misconduct:
Willful Misconduct means willful miscon-duct occurs when a "person intentionally acts or fails to act knowing that (his, her) conduct will probably result in injury or damage." Willful misconduct can also occur when "a person acts in so reckless a manner or fails to act in circumstances where an act is clearly required, so as to indicate disregard of (his, her) action or inaction." A party claiming willful misconduct must show an "intentional act of unreasonable character performed in disregard of a known or obvious risk so great as to make it highly probable that harm would result." The willful misconduct standard is similar to the gross negligence standard; however, it focuses more on the harm that a party's action or inaction caused.
Customer Confidentiality
Doctor's contacts and other information are confidential and should not be disclosed to any other competitors or third parties. Also the Customer should not deal with the clients Panel of doctors during the period of agreement and a minimum of two years after termination of the agreement Upon so will be considered breach of Trust under section [12] and also an penalty of no less than Rs.5, 00, 000/-(Five lakhs) has to be settled by the customer to Innorad.