The Role of Telemedicine in Modern Medical Malpractice Cases
Telemedicine has moved rapidly from an innovative option to an essential part of modern healthcare. Patients now receive diagnoses, prescriptions, and follow-up care through video calls and apps from the comfort of their homes. But with convenience comes complexity—especially when something goes wrong.
As telehealth grows, so do concerns about patient safety, provider responsibility, and legal protections. What happens if a doctor misdiagnoses you during a video consult? Who’s responsible for an error made across state lines? And do virtual care providers carry malpractice insurance?
This guide explores telemedicine malpractice liability—what it is, how it works, and what patients and providers need to know to protect themselves in a digital healthcare world.
What Is Telemedicine Malpractice?
Telemedicine malpractice occurs when a healthcare provider delivers substandard care remotely, resulting in harm to a patient. This can happen during a video consultation, a phone call, or through a digital health platform.
How Malpractice Is Defined in Virtual Care
Legally, malpractice happens when a provider breaches the standard of care—the level of skill and diligence expected from a competent practitioner in similar circumstances. When care is given remotely, that expectation still applies.
The challenge is that telehealth introduces unique barriers to delivering comprehensive care. Physical exams are limited, communication can be less effective, and the technology itself may fail. Despite these limitations, providers are still expected to act with the same professionalism and accuracy as in a traditional setting.
Key Legal Risks in Virtual Healthcare
Telehealth changes how healthcare is delivered but does not eliminate malpractice risks. In fact, some dangers are heightened due to the limitations of remote care.
Misdiagnosis and Delayed Diagnoses Are Common
Because providers can’t examine patients physically, they may miss critical symptoms. Many lawsuits involve cases where doctors failed to identify serious conditions like appendicitis, infections, or neurological disorders based on what they could (or couldn’t) observe through a screen.
For example, abdominal pain might be written off as indigestion without a physical exam—when in reality, it’s appendicitis requiring surgery. Such missed or delayed diagnoses can result in serious harm and potential malpractice claims.
Documentation and EHR Errors Lead to Liability
Accurate recordkeeping is essential in telehealth. Electronic health records (EHRs) should reflect what was discussed, what symptoms were reported, and what actions the provider took.
Common documentation failures include:
- Incomplete notes from the video visit
- Missing informed consent records
- Lack of diagnostic reasoning or follow-up plans
These gaps can become central issues in malpractice lawsuits, where medical records serve as primary evidence.
Informed Consent Is Often Mishandled
Informed consent in telemedicine requires clear communication of risks and limitations. Patients must understand that remote care has boundaries and may not be suitable for every condition.
Providers are expected to explain:
- That a virtual visit may not replace in-person care
- What conditions require follow-up or further testing
- The nature and side effects of prescribed treatments
When informed consent isn’t obtained or properly documented, it leaves providers open to legal action.
Provider Liability in a Virtual Care Setting
Doctors, nurse practitioners, and other licensed professionals are still fully accountable for their actions—even when they occur via webcam or mobile device.
The Legal Standard of Care Remains the Same
Providers must adhere to the same professional standards in virtual care as they do in physical offices. Courts do not lower expectations simply because care was delivered remotely.
This includes:
- Conducting thorough evaluations based on available information
- Making safe and appropriate treatment decisions
- Referring patients to in-person care when warranted
Failing to meet this standard can result in a malpractice judgment.
Interstate Practice and Licensing Complications
Telemedicine often involves cross-border care. A doctor in one state may consult with a patient in another. This raises legal questions like:
- Is the doctor licensed to treat patients in that state?
- Which state’s laws apply if a claim is filed?
- What happens if laws in each state conflict?
If a provider is not properly licensed where the patient resides, they may be practicing illegally—even unintentionally. This lack of authorization can void insurance coverage and result in disciplinary action.
Not All Insurance Covers Telemedicine
Many providers assume their malpractice insurance extends to telehealth services, but policies often contain exclusions.
Key issues include:
- Lack of coverage for out-of-state care
- Exclusions for third-party telehealth platforms
- Requirements for proper documentation of video visits
Providers should confirm with their insurance carriers that telemedicine risks are covered. Patients, too, have the right to ask whether their provider carries proper telehealth liability coverage.
Patient Rights After a Telehealth Error
If you’ve been harmed by a virtual consultation, you’re not alone—and you do have legal options. Knowing when an error becomes a legal case is crucial.
Not Every Mistake Equals Malpractice
To prove telemedicine malpractice, you generally must show:
- Negligence – The provider breached the standard of care.
- Harm – You suffered physical, emotional, or financial injury.
- Causation – The harm was directly caused by the provider’s error.
Bad outcomes happen in medicine, but they are only considered malpractice when these three elements are present.
What to Do If You Suspect Negligence
Taking prompt action strengthens your case. Start by:
- Requesting your medical records, including telehealth visit logs
- Saving all communication with your provider
- Documenting your symptoms and health status before and after the visit
- Getting a second opinion from a licensed professional
- Consulting a medical malpractice attorney for advice
Every state has a statute of limitations, so acting quickly is essential.
Reducing Malpractice Risks in Telemedicine
Both patients and providers can take proactive steps to avoid mistakes and misunderstandings in virtual care.
Best Practices for Healthcare Providers
- Always verify patient identity and location
- Explain the limitations of remote care upfront
- Recommend in-person care when virtual options fall short
- Thoroughly document all findings, recommendations, and follow-up plans
- Ensure the patient gives informed consent for telehealth services
These steps not only improve care but also create a defensible legal record if things go wrong.
How Patients Can Protect Themselves
- Be honest and complete when describing your symptoms
- Ask if the provider is licensed in your state
- Request written summaries or notes after your appointment
- Don’t hesitate to seek a second opinion or in-person follow-up
If something feels wrong or if you’re getting worse, seek in-person medical attention immediately.
Real-Life Examples of Telemedicine Malpractice
Examining real-world cases can shed light on how malpractice claims unfold and what courts look for.
Case Study: Appendicitis Misdiagnosis
A 32-year-old patient reported severe abdominal pain during a telehealth consultation. The provider diagnosed indigestion and recommended antacids. No in-person evaluation or testing was suggested. Two days later, the patient was hospitalized for a ruptured appendix.
Result: The provider was found liable for failing to recommend urgent follow-up care. The court ruled the misdiagnosis directly caused preventable harm.
Case Study: No Consent Documentation
An older patient was prescribed blood pressure medication after a video consult. No explanation of side effects or alternative treatments was given. The patient experienced a severe reaction and required emergency care. There was no record of informed consent.
Result: The case settled out of court, with the provider’s insurer covering damages due to lack of documented risk disclosure.
Frequently Asked Questions
Can I sue a telehealth doctor for malpractice?
Yes, you can sue a telehealth provider for malpractice if you can prove that the care you received fell below the accepted medical standard and that it directly caused you harm. Just like with traditional malpractice, you must demonstrate negligence, injury, and causation. Telemedicine does not exempt a provider from legal accountability.
Are virtual care providers held to the same legal standards as in-person doctors?
In most cases, yes. The legal standard of care applies equally to virtual and in-person consultations. That means a telehealth doctor is expected to exercise the same level of diligence, diagnostic reasoning, and communication as they would in a physical clinic. Courts typically do not make allowances simply because the care was delivered remotely.
Is it harder to prove malpractice in telemedicine cases?
It can be more complex, but not necessarily harder. Because virtual consultations lack physical exams and rely heavily on electronic records, the evidence may be different, but the core legal requirements remain the same. Proving malpractice may require reviewing video logs, chat transcripts, EHR notes, and expert opinions about what the provider should have done differently.
What if my telemedicine provider is in a different state than I am?
Cross-state telemedicine raises important legal questions about jurisdiction and licensing. Typically, a provider must be licensed in the state where the patient is located at the time of the consultation. If they are not properly licensed, that could impact the validity of the care and strengthen a malpractice claim. The applicable laws in such cases depend on both states involved and may require legal interpretation.
Do telemedicine providers carry malpractice insurance?
Many do, but not all. Some providers may have policies that specifically include telehealth coverage, while others may need separate endorsements or riders. It’s entirely appropriate for patients to ask whether their provider is insured for remote services, especially if they have concerns about liability or follow-up care.
Contact Rafferty Domnick Cunningham & Yaffa Today
If you believe that a mistake during a virtual consultation has caused harm to your health or delayed necessary treatment, don’t delay seeking help.
Telemedicine offers convenience—but it also carries legal and medical risks. When something goes wrong, you have the right to hold your provider accountable.
Contact Rafferty Domnick Cunningham & Yaffa today. Our qualified lawyer can assess your situation, explain your legal rights, and guide you through the process of filing a claim if warranted.
Your health is too important to leave to chance. Take the next step toward justice and recovery today.
