Telemedicine Is Convenient—But Not Risk-Free
Telemedicine has transformed healthcare in Florida, allowing patients to consult with doctors from home through video calls, apps, and online platforms. While virtual care increases access and convenience, it also introduces new risks. When a provider makes a serious mistake during a remote visit, the consequences can be just as harmful as in-person malpractice.
So what happens when telemedicine goes wrong? Can you sue? And how do Florida laws apply?
What Is Telemedicine Malpractice?
Telemedicine malpractice occurs when a healthcare provider delivers substandard care through virtual means, causing harm to a patient. Just like traditional medical malpractice, these cases are governed by Florida law—primarily Chapter 766 of the Florida Statutes.
To have a valid claim, a patient must prove:
- A doctor-patient relationship existed (even virtually)
- The provider breached the standard of care
- That breach caused injury or harm
- The patient suffered damages (physical, financial, or emotional)
The fact that the care was delivered remotely does not excuse negligence.
Common Examples of Telemedicine Malpractice
Telemedicine creates unique scenarios where mistakes can occur. Some of the most common include:
1. Misdiagnosis or Delayed Diagnosis
Without a physical exam, providers may miss critical symptoms. For example:
- A rash evaluated over video may be misdiagnosed
- Chest pain dismissed as anxiety instead of a cardiac issue
- Stroke symptoms overlooked due to poor video quality
2. Failure to Order Necessary Tests
A doctor may rely too heavily on a virtual consultation and fail to:
- Order imaging (CT scans, MRIs)
- Recommend in-person evaluation
- Refer to a specialist
3. Prescription Errors
Telehealth providers may prescribe medication without:
- Reviewing a full medical history
- Checking for drug interactions
- Confirming allergies
4. Inadequate Follow-Up
Patients may not receive proper instructions for:
- Monitoring symptoms
- Seeking emergency care
- Scheduling necessary in-person visits
5. Technical Limitations Leading to Harm
Poor video/audio quality, dropped calls, or platform issues can interfere with proper diagnosis and treatment.
Is the Standard of Care Different for Telemedicine?
No—Florida law generally holds telemedicine providers to the same standard of care as in-person providers. That means:
A reasonably careful physician in the same specialty must act similarly under the same circumstances.
However, telemedicine introduces an important nuance:
If a condition cannot be properly evaluated remotely, the provider has a duty to recommend an in-person examination. Failing to do so may constitute negligence.
Who Can Be Held Liable?
Telemedicine malpractice cases can involve multiple parties, including:
- The treating physician or provider
- The telehealth platform or company
- The hospital or healthcare system employing the provider
In Florida, hospitals and corporate entities may be liable under theories such as:
- Vicarious liability
- Corporate negligence
- Apparent agency
Florida’s Pre-Suit Requirements Still Apply
Telemedicine malpractice claims must comply with Florida’s strict pre-suit requirements under Chapter 766, including:
- A pre-suit investigation
- A corroborating expert affidavit
- A notice of intent to initiate litigation
These steps are mandatory and time-sensitive. Failing to comply can result in dismissal of your case.
What Damages Can Be Recovered?
If telemedicine malpractice causes injury, Florida patients may be entitled to compensation for:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Permanent disability or disfigurement
In wrongful death cases, surviving family members may also recover damages under Florida’s Wrongful Death Act.
Challenges Unique to Telemedicine Cases
Telemedicine malpractice claims can be more complex than traditional cases. Some challenges include:
- Proving what was visible or communicated during the virtual visit
- Accessing platform records, chat logs, or video recordings
- Determining whether an in-person visit was required
- Jurisdictional issues if the provider is out-of-state
An experienced Florida medical malpractice attorney can help navigate these issues.
What Should You Do If You Suspect Telemedicine Malpractice?
If you believe you were harmed during a virtual medical visit:
- Seek immediate medical care (in person if necessary)
- Preserve evidence (screenshots, emails, prescriptions, visit summaries)
- Request your medical records from the provider and platform
- Consult a Florida medical malpractice attorney promptly
Time limits apply. In most cases, Florida’s statute of limitations is two years from when the malpractice was discovered or should have been discovered.
Final Thoughts
Telemedicine is here to stay—but convenience should never come at the cost of patient safety. When healthcare providers fail to meet the standard of care in a virtual setting, Florida law provides a path to accountability.
If you or a loved one suffered harm due to a telemedicine error, understanding your rights is the first step toward recovery and justice.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
This article is for informational purposes only and does not constitute legal advice.
