Telehealth has transformed how patients receive medical care, offering convenience and accessibility that traditional in-person visits sometimes cannot match. However, remote care comes with its own set of risks. Are you a victim of medical malpractice if your telehealth doctor missed a major symptom? In many cases, the answer depends on whether the doctor’s failure to identify the symptom meets the legal definition of medical negligence. Understanding your rights can help you determine if you may have a claim and what steps to take next.
Understanding Medical Malpractice in Telehealth
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm to the patient. In a telehealth context, the standard of care is generally the same as it is for in-person treatment. A telehealth doctor is expected to provide the same level of attention, diagnostic skill, and follow-up as a physician who meets with a patient face-to-face.
When a major symptom is missed during a telehealth consultation, it can lead to delayed diagnoses, incorrect treatment, or a complete lack of necessary medical intervention. This delay or error can have serious consequences, especially when the symptom is a sign of a potentially life-threatening condition.
What Counts as a “Major Symptom”?
A major symptom is any sign or complaint that could indicate a serious medical condition if left unaddressed. Examples include:
- Sudden chest pain or pressure that could signal a heart attack
- Shortness of breath that may be linked to a pulmonary embolism or severe respiratory illness
- Severe abdominal pain that could indicate appendicitis or internal bleeding
- Neurological symptoms like sudden weakness, facial drooping, or slurred speech that may point to a stroke
- Persistent high fever that could be a sign of infection or sepsis
When such symptoms are reported during a telehealth visit, the doctor has a responsibility to take them seriously, order the appropriate tests, or refer the patient for urgent in-person care.
How Telehealth Can Increase the Risk of Missed Symptoms
Telehealth offers many benefits, but it also creates unique challenges that can increase the risk of missing important warning signs. These challenges may include:
- Limited Physical Examination: Without hands-on examination, doctors rely heavily on patient descriptions, which may be incomplete or unclear.
- Technical Issues: Poor video or audio quality can cause the provider to miss visual or verbal cues.
- Time Constraints: Telehealth appointments are sometimes shorter than in-person visits, which can lead to rushed assessments.
- Reliance on Self-Reported Information: Patients may unintentionally downplay or omit critical details.
While these limitations exist, they do not excuse negligence. A competent telehealth doctor should know when a symptom requires more thorough investigation.
Proving Medical Malpractice in a Telehealth Setting
To establish that a missed symptom during a telehealth appointment constitutes medical malpractice, you generally must prove four elements:
- Duty of Care: The telehealth doctor had a provider-patient relationship with you and owed you a duty to provide care consistent with professional standards.
- Breach of Duty: The doctor failed to act as a reasonably skilled healthcare provider would under similar circumstances, such as by not recognizing the seriousness of your reported symptom.
- Causation: The missed symptom directly resulted in harm, such as worsening of your condition, the need for more invasive treatment, or permanent injury.
- Damages: You suffered measurable harm, including medical expenses, lost income, pain and suffering, or long-term health consequences.
In New Jersey, expert testimony is typically required to establish what the appropriate standard of care was and how the provider failed to meet it.
Examples of Missed Symptoms in Telehealth That Could Be Malpractice
Some real-world scenarios where telehealth malpractice claims may arise include:
- A patient reporting chest discomfort is told it is likely acid reflux without further evaluation, later suffering a heart attack.
- A patient experiencing sudden numbness is advised to rest at home rather than seek emergency care, later being diagnosed with a stroke.
- A patient describing severe abdominal pain is prescribed pain medication instead of being referred for imaging, resulting in a ruptured appendix.
In each of these cases, the provider may have failed to take appropriate action based on the symptoms described.
The Role of Technology in Diagnosis
Telehealth doctors often rely on patient-provided data such as blood pressure readings, blood sugar levels, or oxygen saturation. If a patient reports abnormal readings alongside concerning symptoms, the doctor must consider these results in their assessment. Failure to act on this information can strengthen a medical malpractice claim.
Additionally, telehealth providers are responsible for ensuring that the technology they use is functional and secure. If technical issues prevent an accurate evaluation, the doctor should recommend an in-person visit rather than make assumptions.
How Patients Can Protect Themselves During Telehealth Visits
While the responsibility to provide adequate care rests on the doctor, patients can take steps to help ensure accurate diagnosis and treatment:
- Provide clear, detailed descriptions of your symptoms, including when they began and how they have progressed.
- Use good lighting and a stable internet connection so the doctor can observe you effectively.
- Keep a list of current medications and any relevant medical history readily available.
- Ask direct questions about possible causes of your symptoms and whether in-person evaluation is necessary.
These steps cannot prevent malpractice but can reduce the risk of miscommunication.
What to Do If You Suspect Telehealth Medical Malpractice
If you believe your telehealth doctor missed a major symptom that led to harm, it is important to act quickly. In New Jersey, there are strict time limits for filing medical malpractice claims. You should:
- Request copies of your telehealth visit records, including any notes and communications.
- Document the timeline of your symptoms, medical visits, and subsequent treatments.
- Consult with an experienced medical malpractice attorney to review your case.
The sooner you take these steps, the easier it will be to preserve evidence and build a strong claim.
Why These Cases Are Important for Patient Safety
Holding telehealth providers accountable for missed symptoms is critical not just for individual patients but for the integrity of the entire healthcare system. As telehealth becomes more common, it is essential to maintain high standards of care to protect patients from preventable harm.
Similar Post: The Impact of Misdiagnosis on Patient Health in New Jersey
Are You a Victim of Medical Malpractice If Your Telehealth Doctor Missed a Major Symptom?
The answer is that you might be, depending on the specifics of your case. If a telehealth doctor failed to recognize a major symptom, did not recommend further evaluation, and you were harmed as a result, you may have grounds for a medical malpractice claim. Every situation is unique, and the best way to determine your options is to speak with a qualified attorney.
Contact Blume Forte Attorneys at Law Today to Discuss Your Medical Malpractice Case
At Blume Forte Attorneys at Law, we understand how devastating it can be when a serious medical condition is missed during a telehealth visit. Our legal team has decades of experience handling complex medical malpractice cases, and we know how to investigate these claims to uncover what went wrong.
If your telehealth doctor missed a major symptom and you suffered harm, we will fight to hold the responsible parties accountable. We work with respected medical experts to evaluate your case, explain your legal options, and pursue the maximum compensation available.
Similar Post: The Benefit of an In-House Medical Team and How it Can Benefit Your Medical Malpractice Claim
You deserve a legal team that will listen to your story, advocate for your rights, and stand by your side every step of the way. Contact Blume Forte Attorneys at Law today for a free, confidential consultation, and let us help you seek the justice you deserve. We represent clients in Jersey City, Secaucus, Trenton, and throughout New Jersey.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
