Date 10.08.2024

The Rise of Telemedicine: New Considerations for Medical Malpractice in Florida

Posted By: Coker Law

In recent years, telemedicine has become a crucial part of healthcare, offering convenience and accessibility for patients in Florida and across the country. However, with its rapid expansion, new risks have emerged, particularly in the realm of medical malpractice. 

As the healthcare industry increasingly relies on telehealth services, Florida patients need to understand the potential dangers and legal implications. This blog explores the evolving risks of telemedicine malpractice in Florida and how laws governing medical malpractice apply to telehealth.

The Rise of Telemedicine in Healthcare

Telemedicine allows patients to connect with healthcare providers remotely through technology. It has revolutionized how care is delivered, especially for those in rural areas or with limited mobility. The flexibility and convenience telehealth offers are undeniable, but as more providers shift to virtual appointments, the risks have become more apparent.

Potential Risks of Telemedicine

While telemedicine offers numerous benefits, it also poses several challenges that can contribute to medical malpractice claims.

Misdiagnosis Due to Limited Physical Examination

In a traditional in-person setting, doctors can perform thorough physical examinations. However, in telehealth appointments, physicians often rely on patient descriptions, which may not fully capture a condition's complexity. Misdiagnosis due to inadequate physical examination is one of the leading risks of telemedicine malpractice.

Delayed or Improper Treatment Recommendations

When healthcare providers cannot physically examine a patient, they might make inappropriate or delayed treatment recommendations. This can lead to worsening conditions or ineffective treatments, opening the door for a medical malpractice lawsuit in telehealth situations.

Technology Failures and Communication Issues

Telemedicine depends heavily on technology, and technical glitches such as poor internet connections, software malfunctions, or communication breakdowns can result in errors during diagnosis or treatment. These issues can complicate care and may lead to substandard healthcare delivery.

Importance of Establishing a Doctor-Patient Relationship

Telemedicine does not exempt healthcare providers from the responsibility of establishing a clear and trustworthy doctor-patient relationship. Florida law requires that physicians adhere to the same standards of care as they would in traditional in-person settings. Without this relationship, patients may struggle to prove negligence or malpractice.

Medical Malpractice and Telehealth in Florida

As telemedicine continues to expand, Florida law has adapted to address these new challenges. While telehealth services provide convenience, the same legal principles that apply to traditional medical malpractice cases also apply here.

Standard of Care Applies to Telemedicine Services

Under Florida law, the standard of care for telemedicine must be equal to that of in-person medical services. Physicians are still required to provide competent and timely care, even when delivering it virtually. This means that if a doctor fails to meet this standard, a patient can file a medical malpractice lawsuit with telehealth Florida.

Proving Negligence in Telehealth Malpractice Cases

For patients to prove negligence in a telehealth malpractice case, they must show that the healthcare provider failed to meet the accepted standard of care, and that this failure directly caused harm. Factors such as misdiagnosis, failure to treat, or improper recommendations due to the limitations of telemedicine can be pivotal in these cases.

Importance of Documentation and Communication Records

In telemedicine malpractice cases, keeping thorough documentation and records of all communications is essential. Detailed notes about symptoms, diagnoses, and treatments can help build a strong case if things go wrong. These records are crucial in establishing whether the healthcare provider acted negligently.

Protecting Yourself During Telemedicine Appointments

To reduce the risks associated with telemedicine, patients must take an active role in their care and ensure that they are receiving appropriate treatment.

Choose a Licensed and Reputable Telehealth Provider

Before booking a telemedicine appointment, make sure the provider is licensed in Florida and has a strong reputation for quality care. Research reviews and check for any history of malpractice claims.

Be Clear and Detailed About Your Symptoms and Medical History

When communicating with a doctor virtually, it’s essential to be as detailed as possible. In the absence of a physical exam, the accuracy of your description plays a significant role in the doctor's ability to diagnose and treat you properly.

Ask Questions and Seek Clarification on Treatment Plans

Don’t hesitate to ask questions or request clarification during your telehealth visit. Understanding your diagnosis and treatment plan ensures that you’re receiving the best possible care, whether in person or online.

Follow Up In-Person if Necessary

If you feel that your condition isn’t improving or you are unsure about a diagnosis, follow up with an in-person appointment. This can help avoid potential complications that could lead to a medical malpractice lawsuit telehealth scenario.

What to Do if You Believe You’ve Been Harmed

If you think you’ve been a victim of telehealth medical malpractice, there are immediate steps you should take to protect your health and your legal rights.

Seek Immediate Medical Attention

If you experience harm after a telemedicine appointment, seek medical care immediately. Delayed treatment can worsen your condition and affect the outcome of any future legal claims.

Document Your Experience with Telehealth Appointment

Take detailed notes about your telemedicine experience, including the doctor's name, the date and time of the appointment, the technology used, and any communications or advice given. This documentation can be invaluable in building a case.

Contact a Medical Malpractice Attorney

If you believe that a telehealth provider's negligence caused harm, you should consult an experienced attorney. The rise of telemedicine brings new opportunities for convenient healthcare, but it also introduces unique risks. If you have experienced harm due to a telehealth provider's negligence, Coker Law can help you understand your legal options. Reach out to our team of skilled attorneys at (904) 356-6071 to discuss your case. Protect your health, your rights, and your future.

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