Can Medical Malpractice Occur in Telemedicine?
Posted on May 10, 2024 in Medical Malpractice
Medical malpractice occurs when a medical professional does not provide the standard level of care to patients as other providers would provide, and that leads to a patient’s injury or other losses. Telemedicine, which is a type of virtual level of care, still creates the same relationship between the patient and the doctor. The patient must be able to trust that their doctor is going to follow the same standards of care for them.
Medical malpractice can occur in telemedicine. Typically, a medical professional may be held responsible for the losses a person suffers during their telehealth visit or due to the negligent acts or omissions of that provider. This may occur for various reasons, including misdiagnosis or even technology-based issues.
Telehealth and telemedicine are tools that many doctors and hospitals are using to support the need to meet more patients where they are. For many, it is a beneficial method for getting valuable care when they need it. Yet, there are risks to it that can put people and their lives on the line if a provider makes key mistakes in this very different environment. A Portland medical malpractice lawyer at Paulson Coletti Trial Attorneys PC, can help your case.
How Medical Malpractice Occurs in Telehealth
Medical malpractice is an open-ended term. Numerous injuries and losses can be attributed to the mistakes doctors make. Proving medical malpractice means showing that the provider did not do what others would have. Here are some examples of how this may occur in a telehealth setting:
- Misdiagnosis: If a patient does not receive the right diagnosis for their condition, and there is ample evidence that the doctor should have diagnosed the patient with the condition or sought additional information, that could warrant medical malpractice.
- Data security: There is also the risk of patient information that is leaked or accessed by parties that should not have it. The key here is that software being used for telehealth must be maintained to ensure it is safe for all parties to use.
- Providing the wrong care: Mistakes can also happen when the doctor provides inappropriate treatment or testing. For example, if the doctor does not provide the right medication or fails to determine if a patient is allergic to a medication, that can lead to a risk.
Proving Medical Malpractice Is Difficult
In these situations, it becomes critical for the doctor and the patient to be able to communicate in a seamless, easy manner. That means that there must be technology in place that is secure and private. There is also the need to ensure that patient data is stored properly and maintained under the requirements of the law. Technology may need to be updated to ensure proper clarity in visuals and in audio.
Telehealth is not an automatic type of medical malpractice. If you sought care in this format, and the doctor failed to make the standards of care expected, and that led to your losses, then you may be able to seek compensation for your losses. However, you have to show that some error occurred that led to this. Contact the attorneys at Paulson Coletti Trial Attorneys, PC for assistance today.