Telemedicine means delivering healthcare services remotely using technology, such as video calls, phone consultations, secure messaging or remote monitoring devices. It is convenient for patients, allowing them to consult with care providers without visiting an office or clinic. It benefits providers through improved scheduling, reduced patient time and lower overhead costs. But virtual care has unique risks and can lead to medical malpractice when providers fail to meet their standard of care.
In New York, once a provider evaluates or treats a patient through video, phone or messaging, a full provider-patient relationship exists. The provider is held to the same standard of care expected of any licensed medical professional that includes such obligations as gathering adequate information, ordering appropriate tests, recognizing red-flag symptoms and referring the patient for in-person or emergency care when needed.
There are unique risks of error inherent in telemedicine. The most serious of these is misdiagnosis. In a virtual visit, a provider may be more likely to miss conditions that physical examination or hands-on testing would reveal. For example, stroke symptoms may appear mild on camera, cardiac issues may be mistaken for anxiety and abdominal pain may be diagnosed as a minor gastrointestinal problem. Misdiagnosis often occurs because the provider relies too heavily on patient self-reporting, which may not accurately describe symptoms. Delayed diagnosis of conditions that actually required in-person evaluation is another recurring pattern in telemedicine malpractice claims.
Another risk is incorrect medication management. Prescribing based on a virtual consultation increases the likelihood of a provider ordering medications inappropriate for the patient’s condition or that interact dangerously with existing prescriptions.
Technology and documentation problems can also pose risks. Low video resolution, poor lighting, audio lag or weak internet connections can distort visual signs or lead to misheard instructions. Virtual records can contain gaps, such as missing vital signs, incomplete histories or failure to document patient-submitted photos. In addition, use of on-demand telemedicine apps often leads to isolated visits with unfamiliar doctors, which may not be dependably documented.
As in any medical malpractice case, the patient must prove that a provider-patient relationship existed, that the provider breached their standard of care, that the harm to the patient was directly caused by the provider’s breach and that the patient incurred actual damages as a result. In a case based on telemedicine error, however, special evidence is required. This includes chat logs from messaging platforms, recordings of video visits, electronic medical records, records of prescriptions issued and documentation of clinical decisions. Expert testimony is usually required to support the claim that the telemedicine provider deviated from the professional standard of care, causing the patient’s harm.
An experienced New York medical malpractice attorney can help you gather and analyze the necessary evidence and build a compelling case for the compensation you deserve.
The law firm of Rich & Rich, P.C. represents victims of medical malpractice throughout the Greater New York area and Long Island. We have offices in midtown Manhattan and Roslyn Heights. Call us at 212-407-5570 or contact us online to schedule your free consultation.