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How Does Telemedicine Affect Your Medical Malpractice Claim in Utah?

Telemedicine is a relatively new option in the world of medical practice. A remote alternative to the regular in-house doctor’s visit, telemedicine rose in usage during the COVID-19 pandemic. Patients are able to utilize their phone or computer to speak virtually with a professional doctor while avoiding the act of physically arriving in person. This can be beneficial for many reasons, including lower costs and a lower chance of infection. The convenience of telemedicine seems to have withstood the pandemic and is now a part of the regular, everyday world. 

However, telemedicine still comes with problems. Suffering from medical malpractice while being treated or consulted via telemedicine is still possible, and the law works the same. If you have been injured due to your healthcare provider’s negligence, you are eligible for compensation. A Feller & Wendt personal injury lawyer can help you navigate your claim and regain what is rightfully yours. 

Can Using Telemedicine Decrease the Chance of Medical Malpractice? 

As a virtual service only, telemedicine has its limitations. Recommended usage includes initial consultations, referrals, and follow-ups, as these do not involve physical examination or in-person contact. This allows the users to save time and money for prescriptions for smaller cases, like a noticeable sinus infection or allergy. It also decreases the chance of medical malpractice, as your doctor is unable to see anyone’s physical condition or make life-altering surgical procedures.

Theoretically, telemedicine should be a safer alternative to a regular doctor’s visit. The benefits are apparent—the patient gets their results faster and easier, while doctor’s offices remain decluttered for the people who actively need them. Though this is the case, medical malpractice can still occur, and the consequences may be equally severe. 

Common Forms of Telemedicine Medical Malpractice in Utah

If you are receiving treatment, even through Zoom, your medical care must be of the same consideration and quality as it would be anywhere else. Any effects felt as a result of deviation of care result in medical malpractice. Common forms of medical malpractice as a result of telemedicine include the following: 

Technological Errors

Not having a strong enough Wi-Fi connection is not reason enough to file a claim, but when the lagging results in miscommunication—intentional or not—you can suffer as a result. Technological errors can include:

  • Important messages going to a spam folder
  • Corrupted files
  • Sending or receiving incorrect patient information 
  • Hacked accounts

If any of these errors result in an incorrect prescription or time-sensitive information not being delivered, you are eligible for damages. Your personal injury lawyer can help review your case to discuss the specifics of your claim and what damages you may be owed.

Misinterpretation of Results

Telemedicine can operate in many forms. A common version of this includes remote patient monitoring, in which the patient is sent self-monitoring equipment. In turn, the doctor will receive results to interpret and follow up with. As would be the case in person, telemedicine is no different. If you receive an incorrect interpretation of results that negatively affects your health, your doctor and healthcare provider are liable for negligence. 

Transcribing errors that result in misinterpretation is also common. Nearly-illegible handwriting is made worse when sent virtually, leading to confusion, misdiagnoses, and incorrect prescriptions. 

Injured Due to Telemedicine Medical Malpractice? A Utah Personal Injury Attorney Can Help Today

At the end of the day, an injury sustained due to someone else’s negligence should be treated with the same urgency and respect, no matter if it was caused in person or virtually. If you are a victim of medical malpractice and your telehealth provider is at-fault, Feller & Wendt has a team of trusted and reputable lawyers ready to get you the compensation you deserve. 

Years of practice have ensured we get you the most compensation available for a full recovery. We know the toll being a victim of medical malpractice can take, and we are here to fight for you while you concentrate on getting your life back on track. To get started today, please use our contact form or call us at (801) 499-5060. Initial consultations are free.

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