Telehealth Liability: How Patients Can Be Harmed and Who’s Responsible for Those Damages

Long-distance healthcare has drastically increased in recent years. The deployment of these technologies was aided by the COVID-19 pandemic, and they are now an integral part of our healthcare system. In fact, we’re guessing you’d be hard-pressed to find a doctor’s office that didn’t offer telehealth services.

This technology has many benefits, including easier access to physicians, therapists, and medications. However, it also has some unique concerns, which raise important liability questions for Michigan patients.

Here’s what you need to know about telehealth liability and what the experienced medical malpractice attorneys at Sommers Schwartz can do to help you navigate these important legal health issues. 

What Is Telehealth?

When they hear “telehealth,” most people immediately think of online platforms that stream appointments over video (similar to Zoom or Google Meet). However, telehealth encompasses more than just video streaming. This technology covers any online platform that delivers remote healthcare services to patients, including:

• Video conference consultations.
• Telephone appointments.
• Text messaging and email portals.
• Remote patient monitoring.
• Remote physical therapy.
• Image, video, and document transfers.
• Mobile health (mHealth) services.
• Virtual urgent care.
• Online e-prescription management.
• Physician continuing education and coaching.

These services are far more time-efficient, convenient, and budget-friendly than in-person appointments, and they offer countless other benefits to both patients and providers. However, telehealth technology is limited, which brings up some important liability concerns with these evolving new advances.

What Are the Downsides of Telehealth?

According to the American Medical Association, telehealth diagnostics match up to in-person visits about 90% of the time (more or less, depending on specialty). However, diagnostic accuracy isn’t the only concern here, and like any technology, telehealth has its downsides. Some disadvantages include:

• Limited diagnostic abilities.
• No immediate access to lab work or special equipment.
• No access to immediate, emergency care.
• Technical barriers (such as poor internet connection or audio-video quality).
• Privacy and security concerns.
• Fragmented care.
• Prescription safety and liability.
• Reduced number of incidental findings.
• Licensure and jurisdictional questions.

Without an in-person visit, doctors are limited, plain and simple. They can’t see you, physically touch you, and, in some cases, may not even be able to communicate properly. This increases the likelihood of misdiagnosis and often leaves patients feeling disconnected from their care.

Using telehealth technology doesn’t make a doctor responsible for any mishaps. At the end of the day, medical malpractice liability comes down to whether your doctor met their standard of care.

What Does Michigan Law Say About Telehealth Care?

In Michigan, physicians must give their patients the same level of attention and treatment as other professionals in the industry. This obligation exists whether the appointment is in person or via telehealth. However, specific rules do apply.

To offer telehealth services to Michigan patients, a healthcare provider must:

1. Be licensed in Michigan.
2. Offer the same insurance benefits for telehealth services as in-person visits.
3. Obtain documented, informed consent from patients for telehealth care.
4. Conduct all telehealth care through HIPPA-compliant technology.

Under these laws, the provider-patient relationship need not be established in person if the interaction meets certain standards. Once the relationship is established, a provider can then send prescriptions (including controlled substances) via telehealth platforms.

You may be entitled to damages if your doctor doesn’t follow proper telehealth protocols or misuses this technology. For questions about the telehealth protocols and whether your harm qualifies for damages, talk to an experienced medical malpractice attorney today.

Do You Have Questions About Telehealth Care Liability in Michigan?

Doctors have a duty of care to treat you with the utmost care—whether in person or virtually. And if you were injured while using telehealth care, we want to hear from you. Contact Sommers Schwartz for a free consultation and let our team of highly experienced medical malpractice attorneys help you get the compensation you deserve.