From Convenience to Consequence: The Dark Side of Telemedicine

A decade ago, the idea of seeing your doctor over a smartphone or laptop might have sounded futuristic. Today, telemedicine is a staple of modern healthcare. Virtual visits skyrocketed during the COVID-19 pandemic and remain popular because they’re convenient, efficient, and accessible. But with new opportunities come new risks—and in the world of healthcare, those risks can be life-changing.

When medical providers deliver care virtually, they face the same duty to provide safe, competent treatment as they would in person. Yet the digital setting creates unique challenges: misdiagnosis, technology failures, and lack of hands-on evaluation. For patients, the big question is: can medical malpractice still apply to telemedicine? The answer is yes. Let’s break down how.

What Is Telemedicine and Why Does It Matter?

Telemedicine refers to providing healthcare remotely, often using video calls, phone consultations, or secure online messaging. It’s particularly useful for rural areas, patients with mobility issues, and quick follow-ups. But while convenience is a huge benefit, the risks are equally real. Providers may:

• Rely too heavily on patient self-reporting.
• Miss critical nonverbal cues (like labored breathing).
• Fail to order proper tests or imaging.
• Struggle with communication barriers during video calls.

Common Risks and Errors in Telemedicine

Just because a visit happens online doesn’t mean errors disappear. In fact, new risks emerge that are unique to the telehealth format.

Misdiagnosis or Delayed Diagnosis: Without physical exams, doctors may miss critical signs—like swollen lymph nodes, skin changes, or abnormal heart rhythms. A patient might be told they have anxiety when the real culprit is a heart condition.

Inadequate Patient Monitoring: Virtual care often relies on patient-provided data. If a blood pressure cuff or glucose monitor is faulty, inaccurate readings could lead to incorrect treatment.

Technical Failures: Dropped calls, poor video quality, or software glitches can interrupt communication and cause doctors to miss vital details.

Prescription Errors: With limited oversight, doctors may prescribe the wrong medication or miss dangerous drug interactions.

Examples of Telemedicine Malpractice Scenarios

To bring it down to earth, here are some real-world examples of how telemedicine can go wrong:

Stroke Misdiagnosis: A patient with slurred speech is diagnosed with dehydration during a video call. In reality, they’re having a stroke, and the delay in emergency treatment leads to permanent brain damage.

Infection Overlooked: A child’s worsening rash is dismissed as “eczema” during a photo consult, when it’s actually a severe bacterial infection requiring hospitalization.

Medication Error: A virtual doctor prescribes a new medication without checking existing prescriptions, resulting in a dangerous drug interaction.

Legal Standards in Telemedicine Malpractice

Telemedicine providers are held to the same legal standard of care as in-person doctors. That means if they fail to meet the accepted medical standard and a patient is harmed, they may be liable for malpractice.

Key legal considerations include:

• Licensing: Providers must be licensed in the state where the patient is located.
• Standard of Care: Doctors must provide care equal to what a reasonably competent provider would in person.
• Documentation: Telehealth visits must be properly documented, just like office visits.
• Informed Consent: Patients must be made aware of telemedicine’s limitations before treatment.

How Victims Can Protect Themselves

If you believe you’ve suffered harm due to a telemedicine error, here are critical steps:

1. Save records of all telehealth interactions. Keep emails, texts, and screenshots.
2. Request a copy of your medical records. This includes prescriptions and visit notes.
3. Seek a second opinion. If something doesn’t feel right, don’t wait.
4. Document your damages. Keep track of medical bills, lost wages, and ongoing treatment.
5. Contact an attorney. Telemedicine malpractice cases can be complex, especially when multiple states or providers are involved.

What Compensation Is Available in Telemedicine Malpractice Cases?

Just like in traditional malpractice cases, victims may pursue compensation for:

• Medical expenses (current and future).
• Lost income and reduced earning potential.
• Pain and suffering.
• Emotional distress.
• Wrongful death damages (in fatal cases).

Punitive damages may also apply if negligence was extreme—such as knowingly treating patients without proper licensure.

Final Thoughts

Telemedicine is here to stay—and for good reason. It makes healthcare more accessible, especially in a state like Florida where rural areas and elderly populations benefit from virtual care. But with this convenience comes responsibility. Doctors, hospitals, and telehealth platforms must ensure patients receive safe, thorough care, even through a screen.

If providers fail and patients are harmed, the law is clear: medical malpractice applies in telemedicine just as it does in the exam room.

Was Your Telemedicine Visit More Harmful Than Helpful?

At DuFault Law, we understand that telemedicine is supposed to make healthcare easier—not riskier. But when doctors miss critical symptoms, fail to order tests, or prescribe the wrong medications during a virtual visit, patients can suffer devastating consequences.

Our Florida medical malpractice attorneys fight for victims of telehealth negligence, holding providers accountable and pursuing full compensation for medical bills, lost wages, and pain and suffering.

• Call us at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Visit our Contact Page to schedule a consultation