Telemedicine Malpractice

The COVID-19 pandemic irreparably altered many aspects of society, including how people obtain medical care. While telehealth appointments were relatively rare prior to 2020, they are now common, and many people visit their doctors virtually rather than in person. Telemedicine has many benefits, including allowing patients to consult with healthcare professionals from the comfort of their homes, but it does not, unfortunately, render people immune from negligent care. When doctors providing virtual services fail to perform their duties appropriately, they may inadvertently harm their patients and may be liable for telemedicine malpractice. If you suffered injuries because of inadequate treatment offered during a telehealth appointment, you could be owed compensation, and you should meet with an attorney. The skillful Baltimore medical malpractice attorneys at Arfaa Law Group are adept at helping people harmed by negligent doctors in the pursuit of justice, and if you hire us, we will fight tirelessly on your behalf.

Telemedicine, also known as telehealth, employs technology to deliver medical services remotely. In other words, it enables patients to consult with healthcare professionals, including doctors and specialists, without the need to physically visit a medical facility. The process typically involves both patients and doctors connecting through secure video conferencing.

During telemedicine sessions, doctors will usually review medical histories, discuss symptoms, and guide patients through physical examinations as needed. The doctors will then document the encounter, including diagnosis and treatment plans, in the patient's medical records and will schedule follow-up sessions for ongoing care and monitoring. Telemedicine is not only convenient, but it also offers patients with accessibility concerns the ability to receive healthcare services from the comfort of their homes.

Sadly, numerous mistakes and omissions during telehealth appointments may cause patients to suffer harm. For example, a missed or delayed diagnosis can lead to incorrect treatments or missed opportunities for timely intervention. Further, prescription errors can cause adverse reactions or ineffective treatment. In some instances, technical issues, like communication disruptions due to technical glitches, may result in missed critical information, which can adversely impact a doctor’s assessment of a patient’s health and what treatment is appropriate.

Like all physicians, doctors who practice telemedicine are expected to provide their patients with competent care. If they fail to do so, and their patient suffers harm as a result of their recklessness, they may be liable for malpractice.

In Maryland, a plaintiff asserting a telemedicine malpractice claim will typically have to establish the defendant’s negligence. In order to do so, the plaintiff first must show that the defendant owed the plaintiff a duty. Generally, the duty a doctor owes a patient is to abide by the standard of care, which is the level of treatment that a reasonable professional working in the same specialty would offer in a similar situation. Next, the plaintiff needs to demonstrate that the defendant breached the duty in some manner. The average juror or judge typically does not possess independent knowledge regarding what the standard of care requires. As such, the plaintiff will usually have to retain an expert to testify regarding the standard and explain the ways in which the defendant failed to uphold the standard.

Finally, the plaintiff has to prove that they suffered actual harm and that their harm was the direct result of the defendant’s deviation from the standard of care. In other words, they would not have been injured had the defendant complied with the standard of care. This generally requires expert testimony as well. If the plaintiff successfully proves the defendant’s fault, they may be granted damages for their economic and non-economic losses.

Telemedicine has become increasingly prevalent in recent years, and while it offers a convenient way for patients to receive healthcare when in-office visits are challenging, it is not uncommon for negligent telehealth doctors to carelessly harm their patients. If you suffered harm due to telemedicine malpractice, you have the right to pursue claims against the provider that caused your harm, and you should speak to an attorney. The trusted Baltimore lawyers of Arfaa Law Group can assess the circumstances surrounding your harm and aid you in seeking any damages you may be owed. We have an office in Baltimore, where we regularly represent parties in medical malpractice lawsuits. You can reach us at (410) 889-1850 or through our online form to set up a conference.