Telemedicine Malpractice: The New Frontier of Misdiagnosis

As in many areas of our modern world, healthcare has changed significantly in the past five years. The COVID-19 pandemic, combined with advancements in technology have forever altered the way that we interact with medicine and medical providers.

Telemedicine, combined with artificial intelligence, provides patients with the potential for more convenient and effective healthcare. However, there are instances where telemedicine has resulted in missed or incorrect diagnoses, which have injured or led to other negative outcomes for patients.

Medical malpractice claims have traditionally been the method for patients to have their injuries and the medical errors that caused them be addressed by the legal system. When a care provider is miles away from you, what can be done to hold the doctor, nurse, or clinic responsible for their actions?

If an artificially intelligent caregiver provides a prescription or diagnosis that is done in error, what can you do to right that wrong? Who bears responsibility when a non-human plays a vital role in a healthcare relationship? The experienced legal team with Liberman, Cabrera, Thompson & Reitman is available to provide information about your misdiagnosis due to a telemedicine error.

How telemedicine has impacted medical malpractice lawsuits

What was once a video chat with a doctor, telemedicine has evolved into something much more comprehensive. The services provided in a telehealth appointment now include the exchange of sensitive medical information, patient monitoring through remote means, and even communicating with a healthcare provider when not necessarily online at the same time.

There are obvious benefits to this type of patient care- better access to specialty care, better access to care for rural patients, and greater convenience for patients of all types. Increasing numbers of patients have chosen to avail themselves of telemedicine services in recent years.

With the advantages and convenience of telemedicine come certain risks that have impacted patient care. Physical examination of patients has been a time-honored method of diagnosing conditions. A physician can use their senses to best determine how to proceed with treating a patient. With telemedicine appointments, the senses of a doctor are muted and, in some cases, completely negated. The inability to utilize the senses, in addition to other shortcomings of telehealth appointments, have made misdiagnoses more common.

What standard of care must healthcare providers uphold regarding telemedicine?

Healthcare providers have a standard of care which must be met in every interaction between themselves and a patient. The level of care that a reasonably skilled healthcare professional would display is the benchmark standard that doctors, nurses and others in the healthcare field are judged under. When the care received by a patient falls beneath this standard, a medical malpractice claim may result.

Telemedicine appointments complicate this well established standard of care for interacting with patients. There is no difference in the standard of care in Florida for in-person versus telemedicine appointments. A healthcare professional must provide care which satisfies the standard whether he or she is in the same room as a patient, or not.

There are limitations which are inescapable when it comes to maintaining a high level of patient care while performing services remotely. Despite advancements in technology, a physician and patient may experience disruptions during a telehealth appointment due to poor internet connection or audio problems. An incorrect diagnosis may result from these technology related issues.

As discussed earlier, physicians are not able to use their senses as well in a telemedicine appointment as opposed to a traditional, in person visit. Video and audio quality coupled with an inability to place their hands physically on a patient can foreseeably lead to issues with misdiagnosis.

What are the most common reasons for filing a medical malpractice lawsuit related to telemedicine?

The grounds for a telemedicine related medical malpractice lawsuit are in many ways the same as apply to errors made during in-person, traditional physician-patient interactions. Virtual appointments create a different set of circumstances to consider, but the underlying issues are familiar for an experienced Fort Lauderdale medical malpractice attorney.

Prescribing medications is a major part of what physicians do on a daily basis on behalf of patients. Being able to examine a patient in person or even have a physical file with medical history to refer to are no longer given in the world of medicine. A telemedicine appointment could result in a doctor prescribing medication which is harmful to a patient.

Making an incorrect diagnosis, or missing the diagnosis completely, is another concern for those patients to attend virtual appointments with their treatment providers. The inability to meet with a patient in person makes it much more likely that a misdiagnosis will occur. In some instances, a diagnosis will be missed completely leading to negative outcomes for a patient.

How an experienced Fort Lauderdale medical malpractice attorney can help you

Telemedicine related medical malpractice claims tend to be complex. Attempting to sort through a case like this on your own is a significant challenge. Identifying important evidence, conducting a comprehensive investigation and identifying the at-fault parties is not something that many people understand how to do.

The attorneys with Liberman Cabrera Thompson & Reitman take seriously the responsibility of serving our clients. When a client signs up to work with our team, they can rest assured that the entirety of their case will be examined closely. Medical malpractice attorneys with our firm understand how critical the case is to your future and will create a case designed to help a judge or jury issue decisions on liability and damages which are in your favor.

Contact Liberman Cabrera Thompson & Reitman for help with a telemedicine misdiagnosis

Protect your rights when you have suffered a medical misdiagnosis in a telemedicine setting. Contact Liberman Cabrera Thompson & Reitman for a free consultation. We serve the interests of our clients and focus on achieving the most favorable results possible for each person we represent.