How Telehealth Is Creating New Medical Malpractice Challenges

By Your Health Magazine Contributor

Your Health Magazine Contributor

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How Telehealth Is Creating New Medical Malpractice Challenges

Chicago is the location of some of the biggest hospitals, medical schools, and health systems in America. In light of the increased use of telemedicine in Chicago, many patients today depend on online services for consultations and specialized treatments.

While telehealth offers convenience, it can also create new medical malpractice challenges. Because physicians cannot perform a hands-on examination, important symptoms may be overlooked, increasing the risk of misdiagnosis or delayed treatment.

Should there be a mistake in the course of treatment provided through telemedicine, a Chicago medical malpractice attorney will determine whether there was a failure to observe the required standard of care. This determination can prove difficult since the doctor does not get to conduct a physical examination first.

Why Does Telehealth Change the Doctor-Patient Relationship?

Traditional medical care relies heavily on physical examinations, direct observation, and in-person testing. Telehealth removes many of these tools, forcing doctors to make decisions based on what patients say and what can be seen on a screen.

This shift creates several limitations, like:

• No hands-on physical examination
• Reduced ability to detect subtle symptoms
• Dependence on patient-reported information
• Difficulty reading non-verbal cues or distress signals

Even experienced physicians can miss important warning signs when they cannot physically assess a patient.

What Medical Errors Occur Most Often During Telehealth Visits?

As more people use telehealth, certain types of medical errors have become more common.

These may include:

• Misdiagnosis
• Delayed diagnosis and urgent treatment
• Medication errors
• Failure to order necessary testing
• Inadequate follow-up recommendations

For example, symptoms that appear minor during a virtual visit may actually indicate a serious infection, stroke, or cardiac condition. Without an in-person evaluation, important warning signs may be overlooked.

Illinois law generally requires healthcare providers to exercise reasonable care consistent with accepted medical standards. These obligations are reflected in provisions such as 735 ILCS 5/2-622, which governs certain procedural requirements in medical malpractice cases.

Why Are Telehealth Malpractice Cases More Difficult to Prove?

In a traditional malpractice case, there may be physical examination notes, diagnostic testing, and direct observations documented during an office visit. Virtual appointments can produce a more limited record.

Questions frequently arise regarding:

• What symptoms were reported
• Whether video quality affected the evaluation
• What information was visible during the consultation
• Whether additional testing should have been recommended

As a result, expert testimony often plays a significant role in determining whether the provider acted reasonably under the circumstances.

Can Technology Failures Create Liability Issues?

Unlike traditional medical visits, telehealth depends entirely on technology. When systems fail, care can be disrupted.

Common problems include:

• Dropped video or audio calls during consultations
• Poor internet connections affecting diagnosis
• Software glitches causing missing patient data
• Data security concerns and privacy risks

A major legal question is who is responsible when technology and not the doctor contributes to a bad outcome.

How Are Healthcare Providers Responding to These Risks?

Healthcare providers have adopted additional measures to reduce telehealth-related errors. Many organizations now require the following:

1. Enhanced documentation procedures
2. Telehealth-specific patient screening
3. Standardized virtual visit protocols
4. Detailed follow-up instructions
5. Improved informed consent processes

These measures help address limitations associated with remote care while improving patient safety.

Illinois healthcare providers must also comply with various professional obligations, including provisions found in the Illinois Telehealth Act (225 ILCS 150), which governs aspects of telehealth services within the state.

What Does the Future Hold for Telehealth Liability?

As telehealth becomes permanent in modern medicine, laws will continue to evolve. Courts and regulators are gradually defining clearer expectations for virtual care, but consistency is still developing.

Future changes may include:

• National telehealth malpractice standards
• Stronger informed consent requirements
• Expanded malpractice insurance coverage for virtual care
• Greater use of AI-assisted diagnostics with clearer liability rules

Key Takeaways

• Telehealth increases access to care but introduces unique malpractice risks.
• Remote appointments limit a doctor’s ability to perform physical examinations.
• Misdiagnosis and delayed diagnosis remain common telehealth concerns.
• Illinois statutes such as 735 ILCS 5/2-622 and 225 ILCS 150 may affect medical malpractice claims.
• Legal standards for telehealth continue to evolve as virtual healthcare expands.