Abramson Smith Waldsmith LLP
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How is telemedicine malpractice handled?

On Behalf of | Apr 28, 2025 | Medical Malpractice

Telemedicine makes health care faster and easier, but it also creates new risks. When doctors make mistakes through virtual visits, you can still hold them accountable. Understanding how telemedicine malpractice works helps you know your rights and options.

What telemedicine malpractice looks like

Telemedicine malpractice happens when a provider makes a mistake during a virtual appointment and causes harm. Common examples include misdiagnosing a condition, prescribing the wrong medication, or failing to order needed tests. Poor communication, bad internet connections, or rushed evaluations often cause these errors. If a provider would have given different care during an in-person visit, that can strengthen your claim.

How liability is determined in telemedicine cases

The same standards for traditional malpractice apply to telemedicine. Providers must deliver the same level of care they would give in person. If a virtual visit causes a serious mistake that harms you, you can hold the provider responsible. Lawyers often gather evidence like medical records, appointment transcripts, and expert opinions to show where the care failed. Following state telehealth laws and licensing rules also plays a major role.

Challenges in proving telemedicine malpractice

Proving malpractice after a virtual appointment often brings unique challenges. Technical glitches sometimes make it harder to show what happened. In other cases, proving a diagnosis would have changed with an in-person visit becomes difficult. You also need to know which state’s laws apply, especially when the provider lives in a different location. Recognizing these obstacles helps you build a stronger case.

Ask clear questions and make sure the provider has full information during your appointment. Keep records of every telemedicine visit, including emails and messages. If you feel unsure about a diagnosis, seek a second opinion. Staying proactive protects your health and strengthens any future claims.