Key Takeaways:

  • The standard of care requires telemedicine providers to deliver medical treatment that meets or exceeds the level a reasonably competent practitioner in the same field would provide in similar circumstances.
  • To prove malpractice, patients must show the provider failed to meet this standard, causing injury that would not have occurred otherwise.
  • Statutes of limitation and other deadlines apply to filing claims. Acting promptly preserves evidence and prevents missing time-sensitive legal opportunities.
  • Talk to a lawyer who handles medical malpractice cases to understand your rights and options after an adverse telehealth experience.

Telemedicine Malpractice Liability and the Standard of Care

The rapid rise of telemedicine during the COVID-19 pandemic changed how many patients receive necessary medical care. But this new model also introduced unique legal considerations around liability and malpractice claims. Like traditional healthcare providers, telemedicine physicians have a professional duty to provide care that meets a "standard of care." This means they must deliver treatment that any reasonably competent practitioner in their specialty would have provided under the same circumstances. For example, if you visited your telehealth psychiatrist for depression and they failed to monitor you for an emerging risk of self-harm or suicide, this could be considered substandard care. Similarly, a doctor performing a virtual dermatology consultation should identify concerning skin lesions that may need further evaluation. To prove a telemedicine provider acted negligently (i.e., committed malpractice), patients must establish: 1) The provider owed them a duty of care (as their healthcare professional) 2) The provider failed to meet this standard of care through substandard treatment 3) This substandard care caused injury or harm 4) The injury would not have happened without the provider's negligence So if you suffered an adverse outcome due to your telemedicine doctor's misdiagnosis, missed condition, or failure to recommend appropriate follow-up care, you may have grounds for a malpractice claim. Consulting an experienced medical negligence attorney can help determine fault and liability.

Frequently Asked Questions

Q: How do I know if my injury warrants a telemedicine malpractice lawsuit?
A: Only a qualified medical malpractice lawyer can thoroughly assess the merits of your case. But generally, you should have a claim if: - You were injured while receiving telehealth care - The provider failed to meet their standard of care (e.g., misdiagnosed your condition or recommended unsafe treatment) - This substandard care directly caused additional harm or injury In these situations, legal recourse may be available.

Q: How much will it cost to hire an attorney for a telemedicine malpractice case?
A: Most medical negligence lawyers handle such cases on a contingency fee basis. This means you pay no upfront costs and owe nothing unless they recover compensation for you, typically a percentage of the award. Contingency fees provide access to justice for injured patients who lack funds.

Q: How long do I have to file a telemedicine malpractice claim?
A: Each state has its own statutes of limitation for medical malpractice claims, ranging from 1-3 years. The clock typically starts when the injury occurs or is discovered (but not when you realize someone was negligent). Missing this deadline bars your ability to ever sue. Consulting a lawyer promptly preserves your rights.

Q: What evidence should I preserve after a bad telemedicine experience?
A: To prove negligence, keep records of: - All medical bills, treatment notes and communications related to the injury - Receipts for out-of-pocket expenses like travel or accommodations - Email correspondence with the provider or their office Photograph any relevant injuries. Jot down dates, names and details you think are important. An attorney can explain what other evidence is crucial to build your case.

If you or a family member is dealing with an injury you suspect was caused by negligence, request a free, confidential case review through this site. A quick review can tell you where you stand and what your options are.

Understanding Statutes of Limitation

The laws governing when medical malpractice claims must be filed vary by state but are strictly enforced. Most have deadlines like California Code of Civil Procedure section 340.5, which require claims to be filed within 1 year after discovering the injury or, in no case, more than 3 years after that injury occurred. Some states have "discovery" rules that start when a patient should have known something was wrong.

Missing these deadlines forever bars your right to sue for medical malpractice, even if the injury is severe or permanent. That's why it's crucial to consult an experienced attorney promptly upon suspecting negligence.

The Importance of Preserving Evidence

If you believe a telemedicine provider acted negligently and injured you, taking action quickly can help prove your case:

  • Keep all medical bills, treatment notes, receipts for out-of-pocket expenses related to the injury
  • Photograph any relevant injuries or damage
  • Jot down dates, names, details that may be important later
  • Save email correspondence with the provider or their office

An experienced medical malpractice lawyer can explain what other evidence is crucial to build your case. But delaying could mean losing the chance to sue entirely.

Bullet Point Warning:

  • Missing statutes of limitation deadlines bars your right to ever sue for medical malpractice, even if the injury is severe or permanent
  • Certain "discovery" rules may start the clock earlier than you expect based on when you realized something was wrong
  • Acting promptly also preserves crucial evidence that can make or break your case

Don't gamble with your legal rights. If you suspect a healthcare provider acted negligently, talk to an experienced medical malpractice lawyer as soon as possible.

Statutory Reference:

In many states, medical malpractice claims are subject to specific statutes of limitation like California Code of Civil Procedure section 340.5, which requires claims to be filed within 1 year after discovering the injury or, in no case, more than 3 years after that injury occurred.

Don't let statutes of limitation or other deadlines bar your rights. Contact a malpractice lawyer immediately upon suspecting negligence to assess your situation and preserve legal options.

Conclusion

The rise of telemedicine has created new ways for patients to receive necessary care, including in their own homes. But it also introduced novel challenges around liability and proving medical malpractice when treatment is delivered remotely via video conference or other means instead of in-person visits.

To succeed with a telemedicine malpractice claim, patients must show the provider failed to meet the applicable standard of care through substandard treatment that caused injury that would not have occurred without their negligence. Statutes of limitation and evidence preservation deadlines add additional complexities to these cases.

Consulting an experienced medical malpractice attorney as soon as you suspect negligence can help assess your situation, preserve crucial legal rights and options, and determine the viability of bringing a claim against a telemedicine provider who may have injured you through substandard care. Prompt action is key to protecting your interests.

If you or someone close to you suffered an injury you believe was caused by negligence in a telemedicine consultation or virtual healthcare experience, request a free case review today. A qualified medical malpractice lawyer can help determine if you have grounds for a claim and what options may be available to recover compensation.