Medical Malpractice in Telemedicine: Can Victims Take Legal Action?

Patients have been able to use telemedicine for more than 20 years, but it has surged in popularity since the COVID-19 pandemic.

While telehealth/telemedicine offers many benefits for those who need medical care, including cheaper cost and convenience, there are also risks. For example, doctors might misdiagnose an illness, which could have serious or even fatal consequences.

If you were injured by medical malpractice while using telemedicine, you may be able to seek compensation for your injuries and damages. Victims can contact The Law Offices of Peter T. Nicholl to discuss their potential legal options.

Our Baltimore medical malpractice lawyers have been helping medical malpractice victims for decades and have secured millions in these types of cases.

Call to learn more about our services. There are no upfront costs. 410-244-7005

What Is Telehealth?

Telehealth, or telemedicine allows doctors to provide consultations and exams over the phone or through video calls or secure messaging apps.

Any time you receive care without seeing a doctor in his or her office, you have made use of telemedicine. Doctors may provide monitoring devices to collect patient data to help them conduct an effective examination.

Doctors can use telemedicine in a variety of ways, including to:

What Are the Dangers of Telemedicine For Patients?

One of the biggest problems with telehealth is that doctors are limited in the amount of information they can acquire about the patient. They cannot perform the type of physical examination they would in an office setting. For example, during a telemedicine visit, the doctor cannot push on your abdomen to check for anything abnormal.

Lack of Physical Contact

When doctors cannot touch a patient, they might miss a potential red flag that could help them make an accurate diagnosis. Doctors must rely on patients or family members to measure vital signs or describe symptoms.

Patients May be More Reserved

Another issue with telehealth is that patients may be more reserved than they would be in person. Sometimes talking to a screen causes patients to say less to a doctor than they otherwise would.

Continuity of Care

Continuity of care is another challenge for patients seeking help through telemedicine. The doctor you see on a video call or through a messaging app may not have seen you before. If the doctor has only seen you through a telemedicine call,  his or her knowledge of your medical history and overall health will be significantly limited. Without that background knowledge, it can be harder to provide effective treatment.

These types of limitations are not anyone’s fault. They are simply the nature of telemedicine versus an in-person examination. That said, when doctors lack the information they need, it is their responsibility to let the patient know and recommend an in-person visit.

Can Doctors Be Held Liable for Malpractice in Telemedicine?

Even though doctors are not providing treatment in person, they are still required to provide care that meets accepted medical standards. If they fail to uphold this duty, they could face liability for medical malpractice.

There are numerous types of medical malpractice cases involving telehealth. For example, many cases involve misdiagnosed conditions or a failure to diagnose a patient’s illness.

Doctors are relying on patients to report symptoms, but doctors also need to ask questions to help gather information about what might be going on with a patient. If a doctor fails to ask the patient specific and appropriate questions, they might not get all the information they need.

For example, if a patient suffered an ankle injury and later had swelling in his leg, it might indicate a blood clot. If the doctor fails to ask about swelling or other symptoms that could help him or her diagnose the patient properly, it could result in a fatal injury.

Telemedicine medical malpractice cases may also involve:

What Is the Standard of Care in Telehealth?

Telemedicine cases have obvious differences from cases involving in-person care. Despite this fact, victims still have the burden of proof. This means that to have a valid case, either they or their attorneys must be able to prove the four elements of medical malpractice.

• Provider-patient relationship – You have this type of relationship if you either received treatment or agreed to receive treatment from a doctor.
• Breach of standard of care – A healthcare professional failed to uphold the standard of care that applied to your situation.
• Causation – The breach of the standard of care directly that caused your injuries.
• Existence of damages – Your injuries resulted in damages, such as medical bills for additional treatment, lost wages, pain and suffering and more.

In Maryland, the standard of care is the level of care given by a medical professional who is similarly situated. In other words, a medical professional who has similar training and medical knowledge. If your doctor did not meet that care standard, you may have grounds for a medical malpractice lawsuit in Maryland.

If you believe that you or a loved one suffered harm due to telemedicine malpractice, contact our firm to discuss potential legal options.

Benefits of Hiring a Medical Malpractice Lawyer

Telehealth-related medical malpractice cases can be complex, and an experienced attorney can assess the facts of your case, provide legal guidance, and represent your interests throughout the legal process.

Your lawyer can help you gather relevant information to build a strong case, including medical records, treatment plans and more. We can also bring in relevant medical experts to determine how medical malpractice occurred and how it led to your injuries and other damages.

The lawyers at our firm can answer your questions, including those you may have about what steps you should take to support your case. For instance, we may recommend that you document your symptoms and any conversations you have with doctors.

Frequently Asked Questions About Telehealth Medical Malpractice Cases in Maryland

Can I file a medical malpractice claim based on a telehealth visit in Maryland?

Yes, you may be able to file a medical malpractice claim if negligent care during a telehealth visit caused injury or delayed treatment. Providers must still meet accepted medical standards, even when care is delivered remotely. The Law Offices of Peter T. Nicholl can review whether the telehealth interaction shows a failure in diagnosis or treatment.

How can negligence occur during a telehealth appointment?

Negligence during telehealth may occur through misdiagnosis, failure to recognize serious symptoms, improper prescribing, inadequate patient evaluation, or failure to recommend in-person care when needed. The legal issue is whether the provider acted reasonably given the limitations of remote care. Documentation of symptoms and provider responses is critical.

Does telehealth change the standard of care in Maryland?

No, telehealth does not eliminate the standard of care, but it may affect how that standard is applied in a remote setting. Providers must still act reasonably under the circumstances, including recognizing when virtual care is insufficient. The Law Offices of Peter T. Nicholl can evaluate whether care decisions met accepted medical expectations.

Can failure to diagnose a condition during telehealth be malpractice?

Yes, failure to diagnose a condition during a telehealth visit may be malpractice if a reasonably careful provider would have identified the issue or referred the patient for further evaluation. The claim depends on whether the missed diagnosis caused harm, delayed treatment, or worsened the patient’s condition. Medical records and follow-up care are key evidence.

What evidence is important in a telehealth malpractice case?

Important evidence may include telehealth visit records, provider notes, patient communications, symptom descriptions, prescriptions, follow-up instructions, and records of later diagnosis or treatment. This evidence helps show what information was available to the provider and whether the response was appropriate. The Law Offices of Peter T. Nicholl can assess whether the documentation supports negligence.

Can prescribing medication during a telehealth visit lead to malpractice?

Yes, prescribing medication during a telehealth visit may lead to malpractice if the provider failed to properly evaluate the patient, consider contraindications, or recognize symptoms requiring in-person care. The legal focus is whether the prescription decision met accepted standards and caused harm. Medication records and adverse outcomes are key to evaluating the claim.

Who may be liable in a telehealth malpractice claim?

Liability may involve the treating physician, nurse practitioner, telehealth platform, or healthcare organization depending on how care was delivered. The claim focuses on who made the medical decisions and whether those decisions met accepted standards. Multiple parties may be evaluated based on their role in diagnosis, treatment, and follow-up care.

When should I contact a lawyer about a telehealth injury?

You should contact a lawyer if a telehealth visit resulted in misdiagnosis, delayed treatment, worsening symptoms, or complications that required additional care. Early review can help preserve digital records and communications that may be central to the claim. The Law Offices of Peter T. Nicholl can evaluate whether the injury resulted from substandard telehealth care.

Injured by Malpractice? Call To Discuss Legal Options

Our attorneys represent crash victims on contingency, which means there are no upfront costs. The initial legal consultation is free.

The Law Offices of Peter T. Nicholl. Experienced Lawyers. Proven Results. Call 410-244-7005.

Related Resources

• Informed Consent in Medical Malpractice Cases
• Standard of Care for Malpractice Cases
• Medical Malpractice Failure to Refer Patient