Ever since the pandemic, telemedicine has become a rapidly growing sector of the healthcare industry. While it offers convenience and accessibility, telemedicine also presents unique challenges and potential risks.
This begs the question: what happens if a medical professional makes a mistake during a telemedicine appointment? Can you sue for medical malpractice in a telemedicine case? The answer is, unfortunately, not so simple. There are many considerations that must be accounted for when you are considering taking legal action against a telemedicine provider.
The Overnight Rise of Telemedicine
The COVID-19 pandemic significantly accelerated the adoption of telemedicine. It allowed patients to receive medical care remotely, minimizing the risk of exposure to the virus. While initially intended as a temporary solution, the convenience and flexibility of telemedicine has made it a popular choice for both patients and providers.
Concerns Over This Growing Industry
Despite its advantages, telemedicine also raises concerns. Unlike traditional in-person appointments, telemedicine consultations may limit a doctor's ability to perform a thorough physical examination.
Because medicine and medical treatment can be harmful if done wrong, this is a major problem. Where in-person appointments allow medical care providers to perform tests and monitor symptoms in the short-term, teladoc providers do not have this luxury. They must rely solely on your description of your symptoms and any physical side-effects they may be able to see on a video call when applicable. In many cases, technical difficulties or a lack of clear communication can lead to misdiagnosis or improper treatment plans.
What is Required for a Medical Malpractice Lawsuit?
One of the most important aspects of winning your medical malpractice case is being prepared. You should know exactly what you need to establish from the beginning to best prepare yourself.
To win a medical malpractice lawsuit, you must prove the following:
- Doctor-Patient Relationship: You must have had a doctor-patient relationship with the telemedicine provider.
- Breach of Duty: The doctor deviated from the accepted standard of care for your condition.
- Causation: The doctor's breach of duty caused you harm.
- Damages: You suffered damages as a result of the doctor's mistake.
Telemedicine adds a layer of complexity to medical malpractice cases. For example, proving a doctor-patient relationship can be more challenging in a virtual setting. Additionally, questions may arise regarding the quality of the internet connection or the adequacy of the technology used during the consultation.
Legal Considerations for Your Case
If you believe you were harmed due to a medical error during a telemedicine appointment, it is crucial to consult with an experienced medical malpractice attorney. Medical malpractice cases can be tricky to prove and prosecute if you do not have the right attorney on your side.
Here are some factors your lawyer will consider:
- The specific details of your case: A thorough review of your medical records and the details of your telemedicine appointment will be crucial.
- Applicable laws and regulations: Telemedicine is a relatively new field, and the legal landscape is still evolving. Your attorney will ensure your case adheres to all relevant telemedicine guidelines and standards of care.
- Gathering evidence: This may involve collecting medical records, telemedicine appointment recordings, and potentially interviewing witnesses involved in your care.
The Future of Telemedicine
While telemedicine offers undeniable benefits, it is clear that regulations and best practices need to be established to minimize the risk of medical errors. Patients deserve to feel confident that they are receiving safe and effective care, regardless of whether it is delivered in person or virtually.
The Importance of Finding the Right Lawyer
If you have been a victim of medical malpractice due to telemedicine, having the right legal representation is critical. Look for an attorney with a proven track record of success in medical malpractice cases, and one who is familiar with the nuances of telemedicine law.
In Mississippi, litigation against a medical professional can be an uphill battle. Without the right team at your side, you might be setting yourself up for failure.
Richard Schwartz & Associates Injury Lawyers
At Richard Schwartz & Associates Injury Lawyers, we understand the complexities of telemedicine malpractice cases. You do not have to suffer through any of this alone.
Our experienced legal team will fight tirelessly to get you the compensation you deserve. Contact us today for a free consultation at (662) 262-8931 or visit us online to learn more.
