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How Does Telemedicine Impact Malpractice Liability?

Lewis & Tompkins, P.C. Team

Telemedicine makes healthcare more convenient, but it also brings new legal risks. As more doctors provide care through video calls or messaging, the question of who’s responsible when something goes wrong becomes more complicated.

Virtual care still requires proper standards

Even though telemedicine feels different from in-person care, the legal standards remain the same. You still expect accurate diagnoses, proper treatment, and clear communication. If a doctor misses signs of a serious condition because they didn’t examine you in person, that could lead to a malpractice claim. Doctors need to follow the same level of care whether they’re in an exam room or on a video screen.

Licensing laws can affect liability

Telemedicine lets doctors treat patients across state lines. That sounds convenient, but it also means they must be licensed in the state where the patient lives. In Maryland, for example, a provider must follow the rules under the Maryland Health Care Malpractice Claims Act. If a doctor gives medical advice without holding a valid license in the state, that could become part of a malpractice claim. It’s important to know whether your provider is legally allowed to treat you.

Technology errors may play a role

Glitches, dropped calls, or unclear video can all affect care. If a doctor misses something important because of poor video quality or a bad connection, it doesn’t automatically excuse them from responsibility. Technical problems can complicate care, but providers are still expected to make safe and informed decisions. You trust that they’ll make the right call, even when using digital tools.

Know your rights when using telemedicine

Telemedicine may be convenient, but it doesn’t change your rights. You still deserve quality care, clear explanations, and informed choices. If something feels off or wrong during a virtual visit, it’s worth asking questions or getting a second opinion. Medical professionals are still accountable, whether they see you in person or on a screen.

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