Telemedicine, or telehealth, saw a massive increase from 2019 to 2021, accounting for 86.5% of patient visits. That growth went beyond the transformative pandemic years; in 2024, there were over 116 million users of online doctor consultations worldwide. Virtual healthcare has been and will continue to be a critical form of care delivery for many people, benefitting healthcare providers and patients alike.
Telemedicine offers convenience, expands access to medical services, and enables timely interventions. However, the shift to virtual care also introduced unique challenges and risks—especially the risk of medical malpractice in a virtual setting.
While healthcare providers should always adhere to the standard of care (even in virtual settings), patients also have a crucial role in protecting themselves when using telemedicine services. By staying informed and taking proactive steps, you can minimize risks and ensure you receive the care you deserve.
- Understand When and When Not to Use Telemedicine
The rules and regulations around telemedicine can vary depending on where you live. Some providers may not be licensed to practice in your state, or their services may be limited in scope. Ensuring your provider complies with legal and ethical standards is your first line of defense against malpractice.
What You Can Do:
- Verify Credentials: Confirm that your healthcare provider is licensed to practice in your state. This information is often available on state medical board websites.
- Understand Limitations: Recognize that telemedicine isn’t suitable for all medical issues. While it’s very convenient, certain conditions may require an in-person examination or diagnostic test that can’t be conducted virtually.
- Ask About Policies: Request information about your provider’s telemedicine policies, including how they handle emergencies or follow-up care.
- Advocate for Comprehensive Care
Virtual care may lack some of the in-person cues that providers rely on, increasing the risk of missed or incorrect diagnoses. Being an active participant in your care can help bridge this gap.
What You Can Do:
- Prepare for Appointments: Have a list of symptoms, questions, and relevant medical history ready to discuss during your virtual visit. Clear communication helps your provider better understand your needs.
- Be Honest and Thorough: Share all relevant information about your health, even if it feels minor or unrelated. Small details can make a big difference in diagnosis and treatment.
- Request Clarity: If you don’t understand a diagnosis or treatment plan, ask questions until you do.
- Safeguard Your Privacy
One of the biggest concerns with telemedicine is the risk of privacy breaches. Providers must comply with laws like HIPAA, but patients also play a role in protecting their own information.
What You Can Do:
- Use Secure Connections: Always use a private, secure internet connection during telemedicine visits. When possible, avoid public Wi-Fi networks, which are more vulnerable.
- Verify the Platform: Ensure your provider uses HIPAA-compliant software for virtual consultations. Don’t hesitate to ask about their security measures.
- Protect Your Data: Avoid sharing sensitive health information through email or text unless you know it’s secure. Use patient portals whenever possible.
- Be Mindful When Receiving Prescriptions
Telemedicine has made it easier to access prescriptions, but this convenience can lead to risks if not managed carefully. Miscommunication or overprescribing are common issues in virtual care settings.
What You Can Do:
- Double-Check Prescriptions: Ensure you understand what medications are being prescribed, their purpose, and potential side effects. Don’t be afraid to ask questions or request alternatives.
- Follow Up on Concerns: If you experience adverse effects or your symptoms don’t improve, contact your provider promptly.
- Be Cautious with Controlled Substances: Be aware of the laws surrounding controlled medications and verify that your provider follows proper protocols.
- Monitor Your Health Post-Appointment
Even with the best technology and intentions, errors can happen. Keeping track of your health and any treatments prescribed is one of the best ways to ensure your care stays on track.
What You Can Do:
- Track Symptoms: Maintain a journal of your symptoms and any changes after treatment. This record can be valuable for follow-up appointments or if you need a second opinion.
- Seek Second Opinions: If you’re unsure about a diagnosis or treatment plan, don’t hesitate to consult another provider. Second opinions can provide clarity and peace of mind.
- Know When to Seek In-Person Care: If your condition worsens or isn’t responding to treatment, consider scheduling an in-person visit to address potential gaps in virtual care.
If Something Goes Wrong
Despite your best efforts, telemedicine errors can still occur. If you believe you’ve been catastrophically harmed due to medical negligence, it’s essential to take action. At Bell Law Firm, we specialize in medical malpractice cases, including those involving telemedicine.
We understand the complexities of virtual care and are dedicated to helping patients hold providers accountable when standards of care are not met. Contact us for a free consultation.