Telehealth Malpractice: Can You Sue a Doctor for Virtual Care Mistakes in WA?

Many people are unable to visit the doctor’s office. To accommodate the healthcare needs of these individuals, some doctors in Washington offer telehealth visits.

Even though telehealth appointments are performed virtually, there is still a standard of care that providers need to honor.

By going over what this standard of care is and speaking with a medical malpractice lawyer who knows how to navigate malpractice claims, you may be able to obtain compensation for any malpractice you have experienced.

What is telehealth?

Telehealth is when you receive medical attention and care through telecommunications technology. This technology includes audio and video apps and platforms. Just as an example, if you are having some pain in your shoulder, you may be able to speak with a doctor through Zoom. By doing so, you can have this doctor diagnose your condition and prescribe medicine, without physically visiting the doctor’s office.

Telehealth is meant to give you easy access to the medical attention and care you need, without forcing you to physically attend a doctor’s office.

Does telehealth have the same standards of care as in-person care? 

The answer to this question is “Yes.” As per RCW 18.134.040, telehealth has the same standards of care as in-person care.

Every medical professional who offers telehealth must abide by the same guidelines that they follow during in-person appointments. These guidelines, for WA’s standards of care, include the following:

• Medical professionals must ensure that the medical care they provide is consistent with the scope of practice.
• Medical professionals must verify the patient’s identity before discussing their issue and offering or providing treatment.
• Medical professionals must ensure that the patient is able to identify the medical professional’s identity by credentials or licensure.
• Medical professionals must be able to establish a patient-provider relationship in which both parties consent to treatment and other medical procedures that are performed.
• Medical professionals are responsible for deciding when telehealth is appropriate and, if telehealth is inappropriate for a particular procedure, enforcing an in-person appointment.
• Medical professionals should offer follow-up care, keep and maintain patient records in a place that is safe and secure, while following all security and privacy procedures.
• Medical professionals should ensure that they receive informed consent from the patient.

What are some scenarios in which telehealth can lead to virtual care mistakes?

Telehealth can lead to virtual care mistakes. Some of the most notable ways these virtual care mistakes can occur are as follows:

• Telehealth tends to reveal less information than a physical appointment. This can lead to misdiagnosis, which, depending on the outcome, could lead to further medical problems.
• To perform a medical diagnosis or procedure through telehealth, a patient must give their informed consent after being given sufficient information about a medical course of action. If a doctor fails to do so and performs a diagnosis or procedure without this consent, they violate a patient’s right to bodily integrity.
• Every healthcare provider who is a HIPAA-covered entity must comply with federal privacy and security requirements. Certain telehealth platforms come with flaws that fail to protect patients’ privacy, which could lead to their private information becoming available.

Here is a real-world example for each one of the above:

• A physician is asked to diagnose a small rash on a patient’s skin. The patient’s camera is dim, and the mark looks like a sunburn. But, in actuality, it is an actinic keratosis. Due to this misdiagnosis, the “small rash” turns into cancerous growth.
• A patient is experiencing the symptoms of severe anxiety. Their psychiatrist prescribes anti-anxiety medication over Zoom, but fails to warn them of the many side effects. Taking this medication leads to a psychotic episode that requires hospitalization, followed by long-term treatment.
• A doctor uses their personal email address to conduct telehealth meetings and store the medical information obtained from these meetings. This email address has been hacked, and one of their patients’ records has been stolen and used to harass them.

These virtual care mistakes could constitute a breach of Washington’s medical standard of care. In the case of medical errors, you should work with a medical malpractice lawyer to obtain compensation for telehealth medical malpractice.

Who can be held liable for virtual care mistakes in Washington?

The parties that can be held liable for virtual care mistakes in Washington are as follows:

• The nurse practitioner, psychiatrist, physician, or doctor – among other medical professionals – who provided your virtual care.
• The medical clinic or hospital – among other entities – that employs the medical professionals who provided your virtual care.

Every case is different. Other parties may be held liable, depending on the facts of your case.

What are the major challenges of proving virtual care negligence?

To prove virtual care negligence, there are four things you and a medical malpractice lawyer must prove:

• There was a patient-provider relationship between you and the medical professional(s).
• The medical professional failed to meet Washington’s standard of care.
• Failing to meet this standard of care caused an injury and/or medical issue.
• This medical issue caused damage or losses.

As mentioned before, every case is different. And, the major challenges of proving virtual care negligence tend to be as follows:

• You must prove that a doctor’s negligence caused the issue you are facing and that if your doctor did not do what they did, the outcome would be better – this requires a great deal of evidence and, often, expertise.
• You must gather comprehensive evidence to support your medical malpractice claim. This can encompass medical records, chat logs, personal journal records, eyewitness testimony, and technical data, among many other forms of evidence. Gathering this evidence and presenting it effectively can be difficult.
• You must prove that the medical issue/injury caused by your doctor’s negligence was the cause of the damages you are seeking – this, too, requires a great deal of evidence.

Speak with a Seattle medical malpractice lawyer

If you are suffering from injuries or illnesses that became worse due to receiving negligent health treatment from a telehealth appointment, you may be eligible for damages that can be obtained with a medical malpractice lawsuit.

You can use our contact form to speak with one of the Seattle medical malpractice lawyers at Smith McBroom Injury and Accident Lawyers today. We can go over the facts of your case and help you obtain the compensation you need.