Can Telehealth Lead to Medical Malpractice?

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
January 19, 2023

Through the years, technology has become more ingrained in our society, impacting the way we communicate. From instant messaging to scheduling appointments online, the use of technology has drastically increased. One of the most significant changes is the implementation of telehealth appointments. Though convenient, those who use telehealth are at an increased risk for medical malpractice. If you’ve suffered due to a virtual doctor’s appointment, you deserve justice. A Harris County, Texas medical malpractice lawyer can help you receive the justice you deserve due to your healthcare provider’s negligence.

What Is Telehealth?

Telehealth is a convenient way to communicate with your healthcare providers. This service includes virtual appointments through video or phone calls, secure messaging, and remote monitoring, which allows the doctor to view and monitor devices like a glucometer or an EGC.

This is ideal for those who can’t go to the physical office due to distance, ailments, or time restraints.

How Does It Result in Malpractice?

Due to the nature of virtual doctor’s appointments, there are a number of issues that can arise from telehealth. This includes software errors that make communication difficult, resulting in misdiagnoses and privacy issues.

Unfortunately, misdiagnosis is common due to the nature of virtual visits. For example, if a patient informs a doctor that they experience pain, a doctor could misdiagnose it as gas or indigestion. However, if they were in person, they may be able to palpate the area for tenderness and find a mass causing the pain. While telehealth is a great option, if there is a concern, the doctor should schedule the patient for an in-person visit.

When doctors are in person, it is much easier to establish a relationship with a patient. Doctors tend to take more time interacting with the patient, asking how they have been, and chatting. However, with telehealth visits, this isn’t the case, as appointments are more streamlined. This means doctors are seeing more patients, which can lead to burnout. An overwhelming number of patients and files increases the risk a doctor will miss an important issue that can directly impact someone’s health.

What Should I Do If I Suffered Because of Telehealth?

If you were the victim of a telehealth error, you might be eligible to file a medical malpractice suit against the party responsible. Though telehealth is still relatively new, there may still be confusion around the duty of care expected of your doctor. However, this doesn’t mean you should suffer as a result.

When injured due to the negligence and malpractice of your medical provider, ensuring you reach out to a competent attorney as soon as possible is vital to protecting yourself and others from their continued errors. At Davis & Davis, our legal team is committed to getting you the justice you deserve for the injuries you’ve suffered as a result of a doctor’s malpractice. Reach out today to discuss the details of your case with one of our dedicated attorneys.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

January 19 2023

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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