The Risks of Telemedicine: Can Virtual Care Lead to Malpractice?

September 9, 2025

Yes, virtual care sometimes leads to medical malpractice. When a doctor’s performance during a telehealth appointment falls below the accepted medical standard of care and causes you harm, you may have a malpractice claim. The convenience of telemedicine does not change a healthcare provider’s fundamental duty to provide competent care.

The challenge is that proving negligence in a virtual setting involves unique factors, such as the limitations of technology, the absence of a physical exam, and breakdowns in digital communication. A misdiagnosis of a serious condition like cancer or stroke, for example, which happens in a significant number of telehealth-related malpractice claims, has devastating consequences.

If you believe you were harmed by a mistake made during a telehealth appointment, call Wapner Newman for a free consultation. Our team helps you understand your options. Call us at (215) 569-0900.

Key Takeaways for Telemedicine Malpractice

A provider’s duty of care is the same online as it is in person. The convenience of a virtual appointment does not lower the legal or professional standard a doctor must meet, and a failure to meet that standard is negligence.
Misdiagnosis is the leading error in telehealth claims. Without a hands-on physical exam, providers may misinterpret symptoms or fail to order necessary tests, leading to delayed treatment for serious conditions like cancer or stroke.
Evidence from digital records is central to proving your case. Proving malpractice requires a direct link between the virtual error and your injury, which is established using electronic health records, communication logs, and expert medical testimony.

The Sobering Reality of “Care from Anywhere”

During the pandemic, telehealth use exploded, with some reports showing a massive national increase between 2019 and 2020. This rapid shift to virtual appointments happened out of necessity, but safety protocols and diagnostic best practices for virtual care did not always keep pace.

This gap has led to a significant rise in telehealth-related medical errors.

Misdiagnosis is the leading issue: Studies show that misdiagnosis is a factor in up to 70% of telehealth malpractice claims, a considerably higher rate than the 47% seen in traditional in-person care. This is frequently because a doctor cannot perform a hands-on physical exam, listen to your heart or lungs, or notice subtle physical cues through a screen.
Communication breakdowns occur: Important information gets lost. This happens through dropped video calls, poor image quality, or issues with asynchronous “store-and-forward” systems where a delay in a specialist reviewing your file leads to a harmful delay in treatment.
Technology itself fails: Patients, especially older adults, may struggle with the technology, leading to incomplete or inaccurate communication. Furthermore, the platforms themselves are vulnerable; in 2021, cyberattacks targeted a majority of patient care organizations, potentially compromising sensitive health information.

What Does Medical Malpractice Look Like in a Telehealth Visit?

Medical malpractice is a legal term for when a healthcare professional injures a patient through a negligent act or omission. In the context of telemedicine, it’s not about a doctor making an honest mistake in a difficult situation; it’s about their failure to meet the established standard of care.

Think of the “standard of care” as the baseline level of competence. The question becomes: What would a reasonably skillful and careful doctor have done in a similar virtual situation?

Here are concrete examples of how this standard is breached in a telehealth appointment:

Failure to request an in-person visit: A doctor dismisses symptoms on a video call—like those for a stroke or a serious infection—that a competent provider would have recognized require an immediate, hands-on examination.
Misinterpreting patient-submitted information: A patient sends a photo of a skin lesion, and the doctor incorrectly diagnoses it as benign without recommending a biopsy, leading to a delayed cancer diagnosis.
Prescribing the wrong medication: Without a full patient history or due to a rushed virtual assessment, a doctor prescribes a medication that causes a harmful interaction or side effects.
Ignoring technical limitations: The doctor proceeds with a diagnosis despite a poor-quality video feed or without the necessary data from remote monitoring devices, essentially guessing at your condition.
Failure to get informed consent: The provider does not properly explain the risks and limitations of a virtual examination as required in Pennsylvania, preventing you from making a fully informed decision about your care.

How Do You Prove Malpractice in a Virtual Setting?

In any medical malpractice claim, we must establish four key elements. Here is what they look like in a telemedicine case:

A Doctor-Patient Relationship Existed: This is usually straightforward. Your appointment confirmation, digital communications, and billing records establish this relationship.
The Provider Was Negligent: This is the core of the case. We work with medical professionals to establish the standard of care for your specific situation and show how your telehealth provider deviated from it. For instance, we would demonstrate that a reasonably careful doctor would have ordered follow-up tests or an in-person visit based on the symptoms you described.
The Negligence Caused Your Injury: You must show a direct link—what medical malpractice lawyers call proximate cause—between the doctor’s failure and your worsened condition. For example, if a doctor’s failure to diagnose a heart condition during a video call led to a heart attack a week later, we would work to prove the delay in treatment caused that specific, damaging outcome.
You Suffered Damages: This includes the tangible and intangible losses resulting from the injury, such as additional medical bills, lost wages from being unable to work, and pain and suffering.

Frequently Asked Questions About Telemedicine Malpractice

Does it matter if my telehealth doctor is in another state?

Yes, it complicates things, but it does not prevent you from filing a claim. A provider offering telemedicine services to a patient located in PA is generally expected to be licensed here and is subject to our state’s laws and standards.

What if I agreed to the risks of a virtual visit?

Giving informed consent does not sign away your right to competent medical care. If the provider’s care fell below the accepted standard, you may still have a case, regardless of any consent forms.

Is there a deadline to file a telemedicine malpractice claim in Pennsylvania?

Yes. In Pennsylvania, you generally have two years from the date the injury occurred or was discovered to file a medical malpractice lawsuit. This is known as the statute of limitations, and you must act promptly to preserve your rights.

Let Us Clarify Your Case

You turned to telemedicine for convenient care, not to have your health put at risk. You don’t have to accept the consequences of a provider’s virtual negligence alone.

The sooner we begin investigating the details of your virtual care, the stronger your case will be.

If you are questioning the care you received online, contact Wapner Newman for a free, no-obligation consultation. Call us today at (215) 569-0900.