Can Telemedicine Errors Lead to Maryland Malpractice Claims?

Yes. An error made during telemedicine visits can support medical malpractice claims. While telemedicine is convenient, there are risks. A 2020 Harvard University article found that over 66% of telemedicine malpractice cases involved diagnostic errors.

This article discusses what telemedicine is, why it poses unique risks to patients, and when a telehealth provider’s actions can lead to a Maryland medical malpractice lawsuit. It also explains how a Laurel medical malpractice law firm can help.

What is Telemedicine in Maryland

Section 19-319 of the Maryland Health Code defines telemedicine as “the use of interactive audio, video, or other telecommunications or electronic technology by a physician in the practice of medicine outside the physical presence of the patient.” The doctor and patient can be using the technology at the same time (synchronously) or at different times (asynchronously). 

Maryland law also defines telehealth. Section 1-1001(e) of the Maryland Health Code says, “‘Telehealth’ means a mode of delivering health care services through the use of telecommunications technologies by a health care practitioner to a patient at a different physical location than the health care practitioner.” While the telemedicine definition only names “physicians,” the telehealth definition refers to “a health care practitioner.” So, under Maryland’s definitions, telemedicine applies to doctors while telehealth is broad enough to cover other medical providers such as physician assistants (PAs), nurse practitioners (NPs), and nurses.

While this distinction matters, this article will use the terms interchangeably. 

What Are Some Common Telemedicine Errors?

A 2022 article published by the Agency for Healthcare Research and Quality noted, “Several features of telehealth visits can contribute to diagnostic errors.” The article noted issues such as: 

• Limited ability to conduct adequate physical examinations 
• Complete reliance on patients (or their families, friends, or caregivers) to take vital signs 
• Insufficient or inaccurate information about symptoms or medical history, usually due to poor communication

These limits on telehealth can lead to many issues for patients, including: 

• Missed diagnoses 
• Delayed diagnoses 
• Medication errors 
• Inaccurate, incomplete, or otherwise inadequate post-visit instructions

Additionally, doctors are increasingly relying on artificial intelligence (AI) in their work. Just as in other professions, misuse of AI in medical settings can lead to errors. 

When Can Telemedicine Errors Be Medical Malpractice in Maryland?

To prove medical malpractice in Maryland, a person must first show that they were injured. Then, they must prove that: 

• The doctor had a duty to behave in a certain way, 
• The doctor did not behave in the required way, and 
• The doctor’s failure to do what was required played a key role in causing the injury at issue. 

Proving that a doctor had a duty to act in a certain way is usually not difficult. In fact, Maryland law says telemedicine doctors must meet the same standards as in-person providers. But in most medical malpractice cases, the issue is whether the doctor met that standard. In Maryland, courts judge this by what national standards say a reasonable doctor would have done in the same situation. For example, because the medical profession has not banned doctors from using AI, you cannot say a doctor who used it violated their duty. However, if the doctor used AI in a way a reasonable doctor would, there may be a malpractice issue. 

These rules mean that not every telehealth error will lead to a medical malpractice claim. Your Waldorf malpractice attorney can explain how these rules might apply to your case. 

Frequently Asked Questions About Maryland Telemedicine Malpractice

• Do I need to obtain my medical records before contacting a telemedicine malpractice lawyer?

No. In fact, a Leonardtown medical malpractice attorney may be able to help you locate the records.  

• Can I get my telehealth records after deleting my account?

Usually. Even if you can’t access them through the app or account, Maryland law requires facilities to keep an adult patient’s medical records for at least seven years. 

• Can a telemedicine company keep me from accessing my patient portal after I complain about a telemedicine error?

Generally, no. In fact, restricting your access might violate federal law. 

• Does canceling my telehealth subscription affect my right to sue?

Generally, no. Canceling the subscription is not the same as giving up, or waiving, your right to pursue a malpractice claim.

How Can a Laurel Medical Malpractice Lawyer Help After a Telemedicine Error?

A telemedicine error can change your life. But Maryland law gives injured people who can prove medical malpractice certain rights. While these cases can be complex, an experienced medical malpractice firm can help you locate the necessary medical records, find qualified experts, and help you prove that the telehealth provider did not fulfill their required duties. 

If your family needs legal help after a telemedicine error or any other type of medical malpractice, contact the Law Offices of Thomas E. Pyles. Our team has decades of experience protecting injured people’s rights and helping them get the compensation they deserve. Schedule a free consultation today by calling 301-705-5006 or using our online contact form.