Telehealth has transformed modern healthcare. What once required scheduling an appointment in advance before heading to the doctor can now be accomplished almost immediately through a video call with a physician.
For many patients, this convenience saves time and improves their access to care. But when a virtual appointment results in a medical mistake, it’s natural to wonder who’s responsible.
The setting of a virtual visit may be digital, but the legal standards are not. When a virtual doctor’s appointment goes wrong, liability depends on whether the healthcare provider met the accepted standard of care and whether that failure caused injury. Our attorneys can help determine if you’re the victim of medical malpractice after a virtual doctor’s appointment caused you harm.
Telemedicine Still Requires the Same Standard of Care
A physician who provides care via telehealth owes the same duty to their patients as a doctor who conducts in-person visits. The method of communication doesn’t reduce the obligation to thoroughly evaluate symptoms, order appropriate tests, or refer the patient for in-person care when necessary.
If a virtual provider dismisses serious symptoms without carefully reviewing them or commits another diagnostic error, the fact that the appointment occurred online doesn’t excuse their negligence.
Telehealth may limit the ability to examine a patient physically, but that limitation doesn’t eliminate a physician’s obligation. This might include ordering additional testing with an in-person doctor visit.
Misdiagnosis in a Virtual Setting
One of the most common telehealth issues involves misdiagnosis. A provider may rely heavily on a patient’s verbal description of symptoms without the benefit of physical examination, imaging, or laboratory testing. While telemedicine works well for certain conditions, it’s not appropriate for every complaint.
In these cases, the focus remains on the provider’s judgment. The court will ask whether the physician recognized the limits of telehealth and acted appropriately within those limits.
The Role of the Telehealth Platform
Telehealth platforms host the software that connects patients and providers, but can they be liable for a physician’s mistake? If a technical malfunction disrupts communication, drops a call during critical instructions, or fails to transmit medical data accurately, the issue may extend beyond the physician.
However, not every technological glitch leads to legal liability. The injured patient must show that the malfunction directly caused or worsened the harm. Attorneys often examine contracts between healthcare providers and telehealth companies to determine who controls data transmission, security protocols, and system reliability.
Prescribing Errors During Virtual Visits
Telehealth often involves the electronic prescribing of medication. When a physician prescribes medication during a virtual appointment, the same rules apply as in traditional practice. The provider must review allergies, potential drug interactions, dosage requirements, and contraindications before submitting an order to a pharmacy.
If a doctor prescribes medication without reviewing a patient’s medical history or ignores information the patient provided during the consultation, that failure may support a malpractice claim. Likewise, if a pharmacy receives incomplete or incorrect electronic instructions that lead to injury, liability may extend to multiple parties.
Licensing and Jurisdiction Issues
Telemedicine frequently crosses state lines, complicating matters due to varying state licensing requirements. A patient may consult a physician located in another state. This creates additional legal considerations because physicians must generally hold a valid license in the state where the patient is located at the time of treatment.
If a provider practices across state lines without proper licensing and harm occurs, that violation may strengthen a malpractice claim. Jurisdictional issues can also affect where a lawsuit must be filed and which state’s laws apply.
When Employers or Health Systems Share Responsibility
Many virtual visits occur through large healthcare networks or employer-sponsored telehealth programs. If the physician is an employee rather than an independent contractor, the health system may be liable under the doctrine of respondeat superior, which holds employers responsible for the actions of employees acting within the scope of their employment.
Discuss Your Telehealth Appointment With Our Firm
At Nurenberg Paris, our attorneys understand the importance of your physician providing you with the basic standard of care. This is true even if you’re seeing a doctor online for the first time.
Physicians who provide telehealth appointments have the same obligations as doctors who see patients face-to-face, and they can and should be held accountable for their careless mistakes. A medical malpractice attorney from our firm could help you seek justice after a careless diagnosis.
The attorneys of Nurenberg Paris are ready to help you pursue the justice you deserve. Contact us today for a free consultation.
