Kansas City Medical Malpractice Lawyer Explains Telemedicine Risks and Your Rights to Compensation
Telemedicine is growing in popularity, and in many situations, it’s a helpful resource. Virtual visits make seeing a doctor much more convenient and accessible, as most telehealth sessions occur by video chat and providers evaluate and treat patients remotely. However, such services aren’t without risk. It’s up to patients to advocate for themselves and watch for medical mistakes.
Of course, many patients aren’t aware that a medical mistake occurred until the damage is already done. This is when a knowledgeable Kansas City medical malpractice lawyer can assist. The legal team at Fowler Pickert Eisenmenger Norfleet will help you file a telemedicine malpractice claim and hold negligent providers responsible for any wrongdoing.
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Types of Telemedicine Malpractice
Although telemedicine provides some benefits, it also presents many of the same challenges of traditional doctors’ visits, including medical malpractice. Here are just a few of the most common types of virtual visit professional misconduct.
Misdiagnosis or Delayed Diagnosis
Telemedicine visits aren’t always as thorough as they should be. A physician may not be able to accurately assess physical symptoms, or they might miss key signs that would be more obvious during an in-person visit. This can lead to misdiagnosis or delayed diagnosis.
Prescription Errors
Virtual visits may also lead to medical misunderstandings. Staff doesn’t always have access to complete medical records. As a result, providers could prescribe the wrong medication, provide an incorrect dosage, or fail to check for drug interactions.
Inadequate Follow-up Care
Proper follow-up care is vital for ongoing health management. When it doesn’t happen, conditions may worsen. Telehealth doctors might also miss out on monitoring the status of chronic conditions.
Technical Failures
Poor video or audio quality, connectivity issues, or software malfunctions often cause an incomplete or inaccurate diagnosis.
Lack of Informed Consent
Doctors owe it to their patients to inform them of any risks or potential outcomes associated with a particular treatment. If providers fail to educate you, the liability falls on them.
Understanding a Doctor’s Duty of Care
Patients deserve reliable, high-quality health care. This is the foundation that informs a doctor's "duty of care". This term describes the obligation health care providers have to provide high-quality care to their patients. When providers breach this duty, medical mistakes are more likely.
In order to hold negligent providers legally responsible for medical mistakes, you must have proof that they breached their duty of care. Our Kansas City medical malpractice attorneys can help you understand what the standard care should have been and link the doctor's breach of duty directly back to the harm you suffered.
5 Steps to Take After Telemedicine Malpractice
If you believe you’re a victim of telemedicine malpractice, it’s critical to act swiftly to advocate for your rights. Here are five key steps we recommend:
- If you’ve been hurt, seek in-person medical care as soon as possible. Make sure the health care provider conducts a thorough exam, a detailed diagnosis, and outlines treatment options clearly.
- Organize records of all interactions with the telemedicine provider, including dates, times, and the content of your consultations. If possible, save emails, messages, and screenshots of video calls. Also, request copies of all medical records related to your telemedicine consultations and any follow-up care. This includes diagnoses, treatment plans, prescriptions, and test results.
- Identify anyone who may have witnessed the malpractice or who can testify about your condition before and after the telemedicine visit. Their testimony may be critical in a medical malpractice lawsuit.
- You may also want to file a complaint with relevant medical boards or professional organizations. Reporting your experience might help prevent future incidents and help hold the provider accountable.
- At the first suspicion of a medical mistake, reach out to a skilled Kansas City medical malpractice attorney. A free consultation with Fowler Pickert Eisenmenger Norfleet gives you the opportunity to receive a case evaluation and advice on your legal options.
How Fowler Pickert Eisenmenger Norfleet Builds Your Telemedicine Malpractice Case
Medical malpractice cases often involve complex legal and medical errors, especially when virtual visits are involved. While no amount of money can undo the damage caused by an irresponsible doctor, a fair settlement helps you recoup costs associated with the harm done, such as medical expenses, lost wages, pain and suffering, and other related damages.
Our medical malpractice legal team jumps into action right away, as the statute of limitations to file this type of case in Kansas or Missouri is two years from the date of injury. So we gather and preserve crucial evidence, secure expert witnesses, and establish other factors to build a strong case to prove negligence. We’re also prepared to handle all insurance company negotiations and defend your case in court if necessary.
Pursuing a malpractice claim while recovering from an injury can be overwhelming. However, with your health in the balance, you owe it to yourself to consult our Kansas City medical malpractice legal professionals to ensure your rights are protected.
