by Laurie Higginbotham

Telehealth has become an essential way for patients to access medical care, with virtual appointments now a mainstream option for everything from urgent care visits to specialist consultations. The use of telehealth—especially audio-only visits—has expanded rapidly, and these types of interactions are expected to remain covered by Medicare and other insurers through September 30, 2025, due to ongoing federal law extensions. This means patients have more opportunities than ever to interact with healthcare providers remotely—but this convenience brings new risks and important legal implications to be aware of.

No National Standard: State Law Governs Telehealth Malpractice
One key challenge with telehealth in the United States is the lack of a unified, national framework for regulating medical malpractice in virtual care. Unlike some other countries, the U.S. governs healthcare licensing, malpractice standards and patient protections primarily at the state level. This means:

  • Jurisdiction: If something goes wrong during a telehealth visit, your rights and the legal process will depend on the laws of the state where you were located at the time of your appointment.
  • Licensure: Providers must be licensed in your state to treat you by telehealth legally. If they aren’t, you may have additional arguments for malpractice or other claims. Telemedicine providers typically must be licensed in the state where the patient is located. Several states issue special licenses allowing out-of-state providers to render telemedicine services to in-state patients. The Interstate Medical Licensure Compact (IMLC) allows eligible providers to expedite licensure in participating states, facilitating multi-state practice.
  • Standard of Care: Virtual care is held to the same clinical standards as in-person care, but what constitutes “reasonable care” may be shaped by state-specific case law, regulations and precedents.

Common Types of Telehealth Medical Negligence
Several types of medical negligence can arise in telehealth visits, and patients should be vigilant for these risks:

  • Misdiagnosis or Delayed Diagnosis: Because telehealth often relies on visual or audio assessment without examination or testing, diagnostic errors—especially missing serious conditions—are a leading source of claims.
  • Prescription Errors: Telehealth can amplify the risk of medication mistakes, such as prescribing the wrong drug, missing allergy warnings or overlooking dangerous drug interactions.
  • Failure to Provide Follow-Up: Providers might not schedule necessary in-person follow-ups, fail to order tests or neglect crucial referrals after a virtual visit.
  • Technical or Communication Failures: Poor audio/video, glitches or documentation omissions can cause providers to miss key symptoms or misunderstand concerns.
  • Privacy Breaches: Mishandling of your private health data during virtual visits can also expose you to risk and may be grounds for both malpractice and regulatory action.
  • Improper Use of Telehealth: Using telehealth for conditions that require an in-person exam or urgent intervention can itself be considered negligent if it results in patient harm.

What Patients Should Know About Telehealth Malpractice Claims
If you suffer harm during or after a telehealth visit, the claims process generally follows similar rules to in-person care: proving the provider-patient relationship, showing the provider failed to meet the standard of care, demonstrating injury and calculating damages. However, malpractice claims involving telehealth may introduce complexity around:

  • Evidence: Detailed records—such as video, chat logs and appointment notes—are key to supporting a claim. Patients should request copies of telehealth records and keep their own notes on what was discussed.
  • Jurisdictional Issues: If the provider and patient are in different states, court jurisdiction can become complicated—but the patient’s location almost always determines which state law applies.
  • Insurance Coverage: Not all providers (or their employers) carry malpractice insurance that covers claims from out-of-state telehealth services, impacting settlement negotiations and recoverability.

Consumer Tips for Safe Telehealth Experiences
Here’s how patients can protect themselves and their families when using telehealth:

  • Know Your Provider: Verify that your doctor or nurse is licensed in your state before scheduling a visit.
  • Prepare for Your Visit: List your symptoms, medications and past medical history. This helps avoid communication errors and ensures providers get a complete picture of your health.
  • Request Documentation: Ask for notes or summaries after your virtual visit. Save all appointment records and written communications.
  • Ask About Follow-Up: If your condition persists or worsens, demand a timely in-person appointment or referral.
  • Protect Your Privacy: Only use secure, HIPAA-compliant platforms. Avoid sharing sensitive medical or payment information over email or unsecured apps.
  • Recognize Warning Signs: If you don’t get appropriate follow-up, experience serious side effects or your condition worsens, seek a second opinion in person.

When to Consult a Medical Malpractice Lawyer
If you suffered significant injury, experienced a missed diagnosis of a serious condition or believe your provider failed to meet reasonable standards during a telehealth visit, reach out to an experienced medical malpractice attorney—ideally one familiar with multi-state issues. Legal standards are evolving, but your rights as a patient remain strong whether care is delivered in person or over a screen. The rapid expansion of telehealth offers convenience and flexibility, but it’s crucial for patients to stay proactive and informed to ensure safe, effective care and to seek legal recourse if something goes wrong.