Medical Malpractice and Telemedicine: New Risks and Protections

Telemedicine has reshaped healthcare in Philadelphia and across Pennsylvania. With a few taps on a screen, you can connect to a doctor, therapist, or specialist who may be miles away. While telemedicine offers convenience and faster access to healthcare, it also comes with new risks. Understanding your rights and protections when something goes wrong is more important than ever. If you suspect you’ve been hurt by a mistake during telemedicine care, reaching out to a Philadelphia medical malpractice lawyer can help you get answers and protect your future.

What Counts as Medical Malpractice in Telemedicine?

Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, causing harm to a patient. In telemedicine, this standard is the same as in-person care—the doctor must act reasonably and follow best practices. But telemedicine adds new wrinkles. What if a poor connection leads to a missed diagnosis? Or if a provider doesn’t look closely at your medical history because they never saw you face-to-face? These are real risks.

Examples of telemedicine malpractice can include wrong prescriptions due to unclear video calls, missed warning signs on a virtual exam, or poor follow-up instructions. Sometimes, a provider might not respond to a patient’s urgent online messages, delaying care when minutes matter. In all these cases, the main issue is whether the healthcare provider failed to act as another careful provider would in the same situation. If you believe your care fell short, a Philly medical malpractice attorney can help you determine if you have a case.

How Do Telemedicine Malpractice Claims Work?

Filing a malpractice claim for telemedicine errors in Philadelphia follows the same steps as for in-person mistakes, but with unique twists. You’ll need to prove four things: a doctor-patient relationship, a breach of the standard of care, an injury, and a direct link between the breach and your injury. With telemedicine, proving these can be tricky because the records are often digital and the “visit” may not look like a typical office appointment.

It’s important to save all emails, texts, and screenshots from your telemedicine visits. These records often show what was discussed, what was recommended, and how fast the doctor responded. Also, Philadelphia and Pennsylvania law require certain steps before filing a lawsuit, such as getting a report from a medical expert. This expert must say that your care likely fell below the proper standard. A skilled Philadelphia personal injury lawyer will know how to collect digital evidence and work with the right experts to build a strong telemedicine malpractice claim.

Unique Risks in Telemedicine That Lead to Medical Malpractice

Telemedicine isn’t just “medicine over the phone.” It brings risks that aren’t always seen in a clinic. Poor video quality can hide symptoms. Doctors may not have access to your full medical record and could make mistakes if you’re seeing someone new each time. Some issues, like listening to your heart or feeling for swelling, just can’t be done through a screen. These gaps can lead to missed diagnoses or wrong treatments.

Another growing issue is patient privacy. Telemedicine uses apps and platforms that might not be secure. If private health info is leaked or gets into the wrong hands, patients can be harmed. Finally, out-of-state doctors may not understand local laws or required follow-ups in Pennsylvania. For patients in Philadelphia, it’s important that your telemedicine provider is licensed in Pennsylvania and follows the same rules as local providers. When they don’t, medical malpractice attorneys are here to help patients recover.

New Protections for Telemedicine Patients in Pennsylvania

Pennsylvania has updated laws and rules to address telemedicine’s unique risks. Telemedicine providers must be licensed in the state, and they must protect your private info just like at an in-person clinic. The law also says providers must get your informed consent and keep accurate records of every telemedicine visit. If your provider uses telemedicine, you are still protected under the state’s medical malpractice laws.

If you’re hurt because of a telemedicine mistake, you can seek compensation for your injuries. Damages can include your medical bills, lost wages, pain and suffering, and sometimes future care needs. Just as with in-person care, there’s a time limit—called the statute of limitations—on how long you have to file a malpractice claim. In many cases in Pennsylvania, you have two years to file, but there are exceptions for children, or when the harm was not discovered right away.

If you’re unsure if your rights were violated during a telemedicine visit, consulting with medical malpractice lawyers is a smart first step. They can help you understand your legal protections and how to move forward.

How to Protect Yourself as a Telemedicine Patient

While telemedicine can be safe and effective, taking steps to protect yourself can make a big difference. Always confirm your provider is licensed in Pennsylvania and ask how your medical information will be kept secure. Prepare for your visit by writing down your symptoms, questions, and any medications you take. After your call, keep copies of all notes, emails, and instructions you receive.

If you’re ever unsure about your care or you feel that something was missed, don’t wait. Contact your provider and ask for a follow-up. If you feel you’ve been seriously harmed, reach out to a medical malpractice lawyer who understands telemedicine cases. Legal professionals can help you act quickly and protect your rights, especially when dealing with digital records and out-of-state providers.

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FAQs About Medical Malpractice and Telemedicine

How is medical malpractice proven in a telemedicine case?
To prove medical malpractice in a telemedicine case, you’ll need to show that a doctor-patient relationship existed, that the provider didn’t meet the accepted standard of care, that you were harmed, and that the provider’s actions caused your injury. Evidence like emails, texts, and digital records play a big role. Speaking with a Philadelphia medical malpractice lawyer can help you understand if your case meets these standards.

What should I do if I’m injured during a telemedicine visit?
If you’re hurt during or after a telemedicine visit, get medical help right away. Save all records from your visit, including emails, screenshots, and summaries. Then, reach out to a Philly medical malpractice attorney with experience in telemedicine claims to discuss your options.

Are telemedicine providers required to be licensed in Pennsylvania?
Yes, telemedicine providers treating patients in Pennsylvania must be licensed to practice in the state. If you’re unsure if your provider is licensed here, check with the state’s medical board or ask your provider directly. If you believe you received care from an unlicensed provider, discuss your situation with medical malpractice attorneys to see if you have a claim.

Can I sue for medical malpractice if my telemedicine provider was out of state?
You may be able to sue if your out-of-state provider was not licensed in Pennsylvania or if their care didn’t meet Pennsylvania’s standard of care. These cases can be complex, but a qualified medical malpractice lawyer can help you understand your rights and guide you through the legal process.

Other Resources About Key Entities, Institutions, and Trend

• COVID-19 and Changes in Medical Malpractice Litigation
• Patient Advocacy Groups in Pennsylvania
• Philadelphia Jury Trends in Medical Negligence Cases
• Medical Malpractice and Telemedicine: New Risks and Protections
• Technology’s Role in Preventing Medical Errors
• Recent Philadelphia Medical Malpractice Verdicts and Settlements
• How Medical Malpractice Insurance Affects Patient Claims
• Role of The Pennsylvania Medical Board in Disciplinary Actions
• Highly Litigated Medical Specialties in Pennsylvania
• Philadelphia Hospitals and Healthcare Providers Frequently Involved in Claims