Navigating the New Normal: Telemedicine and Medical Negligence Claims
Telemedicine has rapidly evolved from a convenient option to a standard mode of care across the U.S. But with convenience comes complexity—particularly in litigation.
As telehealth visits increase, so do the risks of missed diagnoses, communication breakdowns, and violations of the standard of care. For attorneys handling personal injury or medical malpractice claims, the rise of virtual care introduces new liability challenges and discovery considerations.
At Lexcura Summit Medical-Legal Consulting, we help law firms navigate the legal nuances of telemedicine-related negligence claims. Here’s what you need to know to build—or defend—a case in this digital era of healthcare.
💻 Telemedicine: A Growing Standard of Care
What began as an emergency response to the COVID-19 pandemic has now evolved into a long-term care model.
Telehealth includes:
Video consultations
Remote patient monitoring
Virtual follow-ups
Mobile health applications
Online prescribing platforms
📈 According to industry data, over 1 in 4 patients now rely on telehealth services—especially in rural, underserved, or post-discharge settings.
But virtual medicine brings new challenges in:
Communication accuracy
Physical assessment limitations
Documentation standards
Provider accessibility
And these challenges directly impact liability exposure and legal strategy.
⚠️ Common Allegations in Telemedicine Negligence Claims
Missed or Delayed Diagnoses
Limited visual assessments may cause providers to overlook key symptoms.
Incomplete medical histories can result in inappropriate or delayed treatment.
Medication Errors
Electronic prescribing across state lines may lead to dose miscalculations or drug interactions.
Lack of Follow-Up or Escalation
Failure to recommend in-person care or refer to a specialist promptly can lead to increased harm.
Inadequate Documentation
Abbreviated notes or missing patient complaints may fail to support compliance with the standard of care.
Technology Failures or Miscommunications
Poor video/audio quality, connectivity issues, or app errors can disrupt the visit and cause legal gaps in care continuity.
🧾 What Attorneys Need to Build a Strong Telehealth Case
✅ 1. Clarify the Standard of Care
Was virtual care appropriate based on:
The patient’s symptoms?
The provider’s specialty and limitations?
Access to diagnostic tools or physical exams?
📌 At Lexcura Summit, our LNCs assess whether the provider’s actions were reasonable within the telemedicine context.
✅ 2. Evaluate the Documentation
Telehealth visits are often shorter and less detailed, making medical records even more critical. We examine:
What was documented—and what wasn’t
Whether follow-up instructions were clear
If consent and limitations of virtual care were communicated
📁 Our legal nurse consultants flag omissions and inconsistencies that may support or refute negligence.
✅ 3. Assess Communication Failures
Unlike in-person visits, virtual consults rely heavily on verbal clarity and patient understanding. We help identify:
Missed opportunities to escalate care
Gaps in history-taking
Documentation that fails to reflect patient concerns or questions
✅ 4. Review Compliance with Telehealth Regulations
Did the provider follow proper protocols for:
Licensing across state lines?
Telemedicine documentation?
Informed consent for virtual care?
📌 We help attorneys verify compliance with both federal and state-level telehealth laws.
👩⚕️ How Lexcura Summit Supports Telemedicine-Related Litigation
Our experienced LNCs provide:
✅ HIPAA-compliant reviews of virtual care records
✅ Customized medical chronologies across in-person and telehealth encounters
✅ Objective assessments of communication, documentation, and escalation of care
✅ Expert support for deposition and trial preparation
✅ Analysis of causation linked to missed virtual care opportunities
Whether you're building a claim or defending one, we bring clinical clarity to a legally evolving landscape.
Why Attorneys Trust Lexcura Summit
Over 200 licensed medical professionals across specialties
7-day turnaround on most cases
Nationwide support for plaintiff and defense firms
Experts in emerging trends like telemedicine, EHR, and AI in care
HIPAA-secure record handling and LNC litigation experience
Final Thoughts
Telemedicine is here to stay—but it’s also redefining the standard of care. Attorneys must be prepared to assess virtual visits with the same scrutiny as in-person care, using clinical insight to support or challenge claims.
📞 Contact Lexcura Summit Medical-Legal Consulting today to review your next telemedicine case with confidence and clarity.
www.lexcura-summit.com or Tel: 352-703-0703
