Are Telemedicine Errors Considered Malpractice?

Scartelli Olszewski P.C.

A 2023 American Medical Association survey found that about three-fourths of doctors in the U.S. currently work at practices that provide telehealth services. This number is nearly three times what it was just five years ago.

Many doctors have started to offer telehealth services because they make health care more accessible. Others have done it to provide services like remote patient monitoring that enable them to provide a better standard of care overall.

But are telemedicine errors considered malpractice? That’s a question many patients of these doctors have begun to ask. Some worry about medical malpractice occurring during telehealth sessions and wonder what legal options they might have.

Find out if you have a malpractice claim from a telemedicine visit.

Can Telemedicine Errors Be Considered Malpractice?

The answer to the question, “Are telemedicine errors considered malpractice?” is sometimes “Yes.”

If a doctor knowingly or even unknowingly deviates from the usual standard of care while seeing a patient remotely, it could lead to a patient filing a telehealth malpractice claim. However, it’s worth noting that the situation needs to check several key boxes to escalate to this level. They include the following:

A provider-patient relationship must exist.
A breach of the normal standard of care must occur.
An injury or other harm must result from the breach.
A patient must prove damages.

Many states are also still playing catch up as far as policing telehealth services. What might constitute medical malpractice during a telehealth appointment in one state may not always amount to malpractice in another state.

What Are Common Telemedicine Errors?

Here are a few of these:

Errors related to medical transcriptions, including errors that lead to mistakes with medication dosages and frequencies
Errors related to failure to perform a complete history and examination of the patient
Errors related to failure to recognize a serious condition requiring prompt treatment
the remote misinterpretation of X-rays, MRIs, and other types of medical imaging

These telemedicine errors can constitute malpractice depending on the situation and can have dire consequences in many instances. A patient could end up being prescribed the wrong medication or even just too much of the right medication and face major health problems because of it.

What Should You Do If You Suspect Telemedicine Malpractice?

If you routinely take part in telehealth sessions with one or more doctors, pay close attention to the standard of care you receive. If you suspect a doctor may have breached the standard of care and you have been seriously injured, talk with a personal injury lawyer about it.

It isn’t always easy to prove telemedicine errors led to malpractice, but a lawyer can investigate your specific case and come to a conclusion in the end. It’ll help you decide if you would like to explore further legal options concerning your case.

Call Us To Speak With a Personal Injury Lawyer About Your Case

Have you wondered, “Are telemedicine errors considered malpractice?” after your doctor made an error during a telehealth session? The law office of Scartelli Olszewski, P.C. can analyze the details surrounding your situation and help you if you have a case.

We can also lend a hand to those involved in more traditional medical malpractice cases. Contact us today at 570-346-2600 to set up a free consultation so you can discuss your case with a trusted attorney.