Telehealth has become a popular alternative to traditional in-person medical consultations in Florida and across the United States. Telemedicine provides patients with a convenient and cost-effective way to access healthcare services, especially during the COVID-19 pandemic. However, what happens when a telehealth consultation leads to medical malpractice? Can you file a medical malpractice claim in Florida due to negligence involving telehealth?
In this blog post, we will explore the possibility of filing a telehealth medical malpractice claim in Florida and the legal options available to telehealth patients.
What Is Medical Malpractice?
Medical malpractice refers to medical negligence by a healthcare professional that causes harm to a patient. The healthcare provider may breach their duty of care by providing inadequate or flawed medical advice, misdiagnosing a condition, failing to prescribe the right medication, or failing to provide the appropriate follow-up medical care.
Can Medical Malpractice Occur During a Telehealth Session?
Telehealth has grown in popularity because of the convenience and cost-effectiveness that it offers in healthcare. Telemedicine has been useful in cases involving minor infections or routine check-ups, as well as any other medical issue where physical contact with healthcare personnel is not necessary. However, as everyone knows, errors and medical malpractice can occur in any medical situation, and telehealth is no exception.
If medical negligence occurs during a telemedicine session, the victim should immediately begin exploring whether they can file a medical malpractice claim.
Do Telehealth Medical Malpractice Claims Work Differently Than In-Person Medical Negligence Claims?
The same standards used in medical malpractice claims involving in-person medical consultations also apply in cases involving telemedicine. The four basic elements of medical malpractice claims in Florida include:
- Duty of care
- Breach of duty
- Injury to the patient
- Causable link between the injury and the breach of duty
In addition to meeting the four basic elements of medical malpractice claims in Florida, patients or their loved ones must provide an affidavit from a practicing healthcare provider in the same area of medicine who is willing to testify regarding the negligence of the telehealth provider.
Should I Hire a Medical Malpractice Attorney to Help Me Prove My Telehealth Medical Negligence Claim?
Proving that a healthcare professional failed in their duty of care during a telemedicine session is not always an easy task. It generally requires the help of a qualified medical malpractice attorney. The attorney you hire will gather the necessary evidence to prove that the tele-physician did not meet the required professional standards when providing medical care and that the tele-physician’s negligence led to the patient suffering injury or harm.
Schedule a Free Consultation with Our Experienced Medical Malpractice Attorneys in Florida Today
If you believe that you have been a victim of medical malpractice during a telemedicine session, you have the right to seek legal compensation in Florida. At Rash Mueller, our team of medical malpractice lawyers has been helping medical negligence victims and their families for years. As our case results prove, we have a long history of helping our clients hold those responsible for their pain and suffering accountable, including recovering compensation for hospital bills, lost income, rehabilitation expenses and more.
Read our clients’ reviews to learn more about Rash Mueller and how we can help you with your medical malpractice claim.
Call us at (954) 914-7116 or contact us online for a free consultation with our telehealth medical malpractice attorneys in Weston.