In recent years, telehealth has gone from a niche convenience to a widely accepted method of receiving medical care. Whether through video consultations, app-based diagnostics, or messaging services, millions of patients now turn to virtual healthcare platforms to address their health concerns. But what happens when a telehealth provider gets it wrong—and that mistake results in real physical harm?
As telemedicine grows, so does the legal complexity surrounding remote healthcare liability. If you’ve been harmed due to incorrect, delayed, or negligent virtual care, you may have grounds for a personal injury claim. In this blog, we’ll explore how these claims work, what makes telehealth unique, and how to protect your legal rights.
How Telehealth Differs from Traditional Medical Care
Telehealth involves diagnosis, consultation, and sometimes treatment without any in-person interaction. This can occur via:
- Video calls with licensed doctors
- Messaging platforms through digital health apps
- AI-powered symptom checkers
- Remote monitoring devices for chronic conditions
Because there is no physical examination or direct observation, telehealth providers rely on what the patient reports and what limited data they can gather remotely. While this format is convenient, it also opens the door for increased risk of error.
Common Forms of Telehealth Medical Negligence
Remote care providers have the same duty of care as in-person doctors: to diagnose, treat, and advise patients according to accepted medical standards. When they fail to meet this standard, and it results in harm, they may be legally liable for medical malpractice.
Some examples of negligent telehealth care include:
- Misdiagnosis or delayed diagnosis of serious conditions due to incomplete information gathering
- Failure to recommend emergency care, resulting in worsening symptoms
- Incorrect prescriptions or dosage errors without adequate review of the patient’s history
- Lack of follow-up or miscommunication about critical test results
- Unlicensed or improperly supervised providers offering medical advice through apps or call centers
Even if the harm was unintentional, patients may still be entitled to compensation if negligence played a role.
Proving a Telehealth Provider Was Negligent
To file a successful personal injury or medical malpractice claim against a telehealth provider, you must prove four key elements:
1. A Duty of Care Was Established
If you scheduled a consultation, submitted symptoms, or received a diagnosis or prescription through a telehealth service, that provider had a duty to treat you with reasonable skill and care.
2. The Duty Was Breached
This means the provider acted—or failed to act—in a way that fell below the accepted standard of care. For example, if a provider ignored signs of a stroke or infection, that may qualify as a breach.
3. The Breach Caused Harm
It’s not enough that the provider made a mistake. You must show the mistake directly led to your injury or worsened condition—such as untreated appendicitis, a delayed cancer diagnosis, or a severe drug reaction.
4. Damages Occurred
Damages may include physical pain, medical costs, lost income, emotional suffering, or long-term disability resulting from the telehealth provider’s error.
How Telehealth Lawsuits Differ from Traditional Medical Malpractice
While the underlying principles are similar, telehealth lawsuits raise unique challenges:
- Jurisdictional Issues: Where did the care technically occur—where the patient lives or where the provider is based? This affects which state laws apply.
- Provider Licensure: Some telehealth platforms operate across multiple states. If a provider wasn’t licensed to practice in your state, that may complicate or strengthen your case.
- Standard of Care in Remote Settings: What’s considered “reasonable” care may differ in telehealth, where direct testing and physical exams aren’t available. Courts are still establishing how these standards apply.
These nuances make it crucial to work with an attorney familiar with telemedicine litigation.
What to Do If You’ve Been Harmed by a Telehealth Provider
Seek Immediate Medical Attention
If you believe a telehealth error caused or worsened your condition, see an in-person provider immediately. Their evaluation can help document the harm and prevent further complications.
Collect Documentation
Keep records of every interaction with the telehealth platform, including:
- Chat logs or emails
- Video consultation summaries
- Prescriptions issued
- Instructions received
- Follow-up communications (or lack thereof)
Your attorney will use this evidence to reconstruct the timeline and determine liability.
File a Report with the Platform
Many telehealth companies have internal systems for reporting safety concerns. While this doesn’t replace legal action, it creates a paper trail showing that you raised the issue.
Can You Sue a Telehealth Platform or Just the Individual Provider?
This depends on how the service is structured.
- Direct-to-consumer platforms may employ doctors directly, making the platform responsible.
- Independent contractor models may shield the company by placing legal blame on the individual provider.
- App-based services using automated symptom checkers or AI may trigger product liability claims rather than medical malpractice.
A skilled attorney can determine the best legal strategy based on the platform’s business structure and terms of service.
Statute of Limitations for Telehealth Injury Claims
Just like with traditional malpractice, there are strict deadlines for filing. In New York, you generally have 2.5 years from the date of injury or misdiagnosis to bring a claim against a medical provider. However, exceptions may apply—especially in cases involving minors or concealed errors.
Don’t wait. Delaying your claim could weaken your case or cause it to be dismissed entirely.
Why You Need a Personal Injury Attorney Experienced in Telehealth Claims
Telemedicine is still a legal gray area in many respects. Insurance companies may argue that you assumed the risks of remote care, or that the provider did the best they could with the limited information you gave.
At Alan Ripka & Associates, we know how to cut through these defenses. Our legal team is prepared to:
- Investigate provider qualifications and licensure
- Review digital records and communication logs
- Consult with telehealth and medical experts
- Prove negligence in remote care contexts
- Hold corporations and individual providers accountable
We’ve represented patients in complex malpractice cases across New York and beyond—and we’re ready to fight for your right to safe and competent care, no matter the format.
Conclusion: Don’t Let Remote Negligence Go Unanswered
Telehealth should expand access to care—not compromise it. If you or someone you love has suffered due to remote medical negligence, you deserve answers, accountability, and compensation.
At Alan Ripka & Associates, we’re not just legal professionals—we’re patient advocates. We understand the evolving nature of telemedicine and know how to challenge careless providers and negligent platforms.
Call us today for a free consultation. Let’s talk about your case, your injuries, and your legal options. We’re here to help you move forward.
