The convenience of connecting with a doctor from the comfort of your home has made telehealth wildly popular, especially in San Antonio, TX. Whether you’re managing a chronic condition or consulting for acute symptoms, it’s hard to deny the appeal of skipping the waiting room. But this growing trend isn’t without its challenges. Misdiagnosis in virtual visits is becoming a real concern, leaving many patients asking, “What happens when the doctor gets it wrong online?”
If you’ve had a misdiagnosis during a telehealth visit and believe it’s caused harm, we’re here to walk you through the legal side of things. This post breaks down common telehealth pitfalls, the legal implications of misdiagnosis, how attorneys can help, and steps you can take to protect yourself.
Why Telehealth Is Booming
Telehealth took off during the COVID-19 pandemic and hasn’t slowed down since. For good reason, too. It’s a lifeline for people in rural areas or those who struggle with mobility, and it helps reduce everyday barriers to healthcare like traffic, long waits, or childcare concerns. You can hop onto a video call, describe your symptoms, and have prescriptions sent to your pharmacy without setting foot in a clinic.
But with all its advantages, telehealth isn’t perfect. While the quality of care in virtual appointments can be on par with in-person visits for many situations, not every health concern translates well to a screen. That’s where problems begin.
Common Telehealth Misdiagnosis Scenarios
During a telehealth appointment, your doctor relies on what you disclose about your symptoms and any visuals they can assess over the camera. While this can work for straightforward issues (like a sinus infection), not every health condition is easy to evaluate virtually. Here are a few common problem areas leading to misdiagnoses:
1. Missed Serious Conditions
Symptoms like chest pain or headaches might be brushed off as minor or stress-related when, in fact, they signal something serious like a heart attack or a stroke. Without a physical exam or further testing, life-threatening conditions can go unnoticed.
2. Undiagnosed Infections
A rash viewed over webcam or vague flu-like symptoms may be misinterpreted or downplayed. Some infections, like sepsis, require immediate in-person evaluation and aggressive treatment. Virtual limitations could lead to devastating delays in diagnosis.
3. Misinterpreted Symptoms in Children
Diagnosing young children over telehealth video can be tricky. Babies and toddlers often can’t describe what’s wrong, and subtle cues indicating severe illness may be missed.
4. Mental Health Misses
Telehealth isn’t just about physical health. Virtual therapy sessions are increasingly common, but some mental health red flags (like suicidal thoughts) may not come through clearly on a video call unless directly addressed.
Misdiagnoses can have ripple effects. At best, they delay proper care. At worst, they worsen the condition, causing avoidable harm or even death.
Legal Implications of Telehealth Misdiagnosis
If a telehealth visit goes wrong, patients in San Antonio often don’t realize they may have legal options. Telehealth providers must meet the same standard of care as their in-person counterparts, and failing to do so could make them legally liable.
Here are a few points to help you understand your rights:
Standard of Care Matters
Doctors and healthcare professionals are expected to provide a reasonable standard of care, whether in person or online. That means they must gather enough information to make a proper assessment and refer you to in-person care when necessary.
Negligence and Liability
If a telehealth provider’s negligence (like failing to recommend follow-up care) leads to harm, you may have a case for medical malpractice.
Challenges in Telehealth Cases
Legal cases involving telehealth can be tricky. Your attorney will need to prove the care was subpar and directly caused harm. Interstate telehealth (when your provider is in another state) involves navigating different legal jurisdictions.
How an Attorney Can Help
If you or a loved one has suffered due to a telehealth misdiagnosis, you don’t have to face the legal maze alone. An experienced medical malpractice attorney can help you:
Evaluate Your Case
A lawyer will assess whether the telehealth provider failed to meet their duty of care and whether their actions caused harm.
Secure Evidence
Gathering medical records, appointment transcripts, and expert medical opinions is critical. An attorney can handle this process to build a solid case.
Negotiate or Litigate
Whether it’s negotiating with the healthcare provider’s insurance company or taking your case to court, a skilled attorney ensures you aren’t navigating the legal system solo.
These cases aren’t just about compensation for your suffering. They also hold negligent providers accountable and push for safer practices in telehealth.
Tips to Protect Yourself During Telehealth Visits
Being proactive during your telehealth appointment can make a big difference. Follow these tips to reduce the risk of misdiagnosis:
1. Be Prepared
Before your appointment, list your symptoms, medications, and any recent health changes. Be as detailed as possible when describing your issues.
2. Ask Questions
Don’t settle for vague advice. Ask your doctor about potential diagnoses, red flags to watch, and when to seek in-person care.
3. Document Everything
Keep records of your virtual visit. Note the doctor’s advice, any prescribed treatments, and how you’re instructed to follow up.
4. Trust Your Gut
If you feel your concerns weren’t taken seriously, seek a second opinion or in-person care. Your intuition matters.
5. Know When to Go to the ER
Some situations require immediate, hands-on evaluation. Know when virtual care isn’t enough and head straight to the emergency room if you suspect a serious condition.
San Antonio Medical Malpractice Lawyers
Telehealth is undoubtedly a transformative force in healthcare, offering myriad benefits and challenges. For healthcare providers, understanding the complexities of liability, misdiagnosis, and regulatory compliance is essential to navigating this new landscape successfully. If you are a healthcare provider in San Antonio, TX, seeking legal guidance in telehealth, Maloney Law Group, P.L.L.C.. is here to support you with expert advice tailored to the local context. Contact us today at (210) 361-2997 to ensure your practices are compliant and robust, aligning with the future of healthcare delivery.