Telemedicine has rapidly shifted from a convenience to a necessity, especially since the pandemic.
Patients now meet with doctors virtually for everything from follow-up visits to urgent care consultations. While this has expanded access to healthcare, it has also introduced new legal questions.
Medical malpractice claims like those medical malpractice attorney Sheila Hiestand handles are changing to account for the unique challenges and risks of digital care. It’s essential to work with a legal team that understands how to help victims as they navigate this evolving landscape.
The Rise of Telemedicine and Its Legal Implications
Telemedicine allows doctors to evaluate, diagnose, and treat patients through secure online platforms.
This flexibility has been widely embraced, especially by patients who live in rural or underserved areas.
However, as the delivery method changes, so do the expectations of care. Courts and insurers now face the challenge of applying traditional malpractice standards to a virtual setting. Doctors are still expected to provide a reasonable standard of care, but the tools they use differ.
Video calls, patient-submitted photos, and electronic records may not provide the same clarity as in-person visits. These limitations create unique opportunities for mistakes or oversights, which in turn may affect how malpractice claims are evaluated.
Common Areas of Risk in Telemedicine
Errors that can lead to malpractice claims in telemedicine are often tied to the limitations of the technology. A doctor may miss visual cues that would have been clear during a physical exam, for example, or a patient may struggle to describe symptoms accurately without face-to-face interaction.
Some of the most common risks include:
- Misdiagnosis due to lack of physical examination
- Failure to order appropriate follow-up tests
- Inadequate documentation of the virtual visit
- Technical failures that delay treatment
- Prescribing errors based on incomplete information
Each of these risks can create grounds for a malpractice claim if the patient ends up suffering harm as a result.
Challenges with Informed Consent
One of the unique issues with telemedicine is informed consent. Patients may not fully understand the limits of virtual care.
A doctor should explain the risks of relying on video consultations, including the possibility that certain conditions cannot be accurately diagnosed without in-person testing. Failure to communicate these limitations clearly could open the door to malpractice allegations.
In many states, telemedicine providers must obtain separate consent forms that outline these risks.
This paperwork helps protect both patients and providers, but it also creates another area where mistakes can happen if the process is not handled carefully.
Interstate Licensing and Liability
Another factor complicating telemedicine malpractice claims is the requirements of licensing.
A doctor may be located in one state while treating a patient in another. If malpractice occurs, questions arise about which state’s laws apply. Some states require specific telemedicine licenses, while others rely on broader compacts that allow cross-state practice.
When a claim is filed, courts must determine which state should govern the case.
This adds complexity that would not exist in a traditional malpractice suit, where both parties are usually located in the same state.
The Role of Technology in Evidence
Telemedicine also changes how evidence is presented in malpractice claims. Video recordings of consultations, chat logs, and digital health records may all play a role in determining whether the accepted standard of care was met.
While this creates a clear record of the visit, it also raises privacy concerns.
Providers must comply with strict data security regulations to ensure that this information can be used appropriately without violating patient rights.
In some cases, this digital trail may help defend against malpractice claims. If the documentation shows that the doctor advised in-person care or recommended tests that the patient declined, liability may be reduced.
On the other hand, poor documentation or missing records could make it harder for providers to defend themselves.
Insurance and Coverage Issues
Malpractice insurance policies are evolving to address telemedicine as well. Some policies may exclude virtual care unless specific riders are added, while others have broadened their coverage to reflect the growing use of digital platforms. Providers need to understand how their insurance applies, especially if they treat patients from other states.
Patients should also be aware that not all malpractice policies treat telemedicine the same way. This could affect their ability to recover compensation if something goes wrong.
Looking Ahead
There’s no question that telemedicine is here to stay, or that malpractice law will continue to adapt alongside it. Courts are gradually establishing precedents that will clarify how liability works in virtual care. In the meantime, providers should focus on thorough documentation, clear patient communication, and compliance with all state and federal regulations.
Patients can also protect themselves by asking questions during virtual visits, confirming that providers are licensed in their state, and understanding the limitations of online care.
The shift to telemedicine has expanded access to healthcare, but it has also created new challenges for malpractice claims. Issues such as misdiagnosis, informed consent, licensing, and evidence collection all look different in a digital setting.
By staying informed about these changes, patients and providers can better protect themselves and adapt to the evolving landscape of healthcare law.
