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Can You Sue a Telehealth Provider for Medical Malpractice?

» Written by // November 16, 2020 //

Telehealth provider.

Our Pensacola Medical Malpractice Attorney Can Help if You Suffered Due to Medical Mistakes

Back in the day, doctors used to make house calls to care for patients, so they did not need to come into the office. That practice died away, but it has recently returned in a new format as telehealth services.

Promoted as a way to save money and prevent the spread of infection, telehealth visits offer distinct advantages, but they provide no guarantee that patients will receive the care they need.

When a doctor or other medical professional commits medical malpractice through telehealth services, patients may suffer serious harm as a result. Fortunately, the Florida telehealth laws could allow a Pensacola medical malpractice attorney to seek legal remedies for patients harmed by telehealth providers.

The Florida Telehealth Law Put the Government’s Stamp of Approval on Telehealth Services

From the perspective of a medical malpractice attorney in Pensacola, the state’s legislators effectively authorized providing online healthcare when they enacted the Florida Telehealth Act in 2019. Under Section 456.47 of the Florida Code, permitted telehealth services offered by medical professionals can include:

  • Assessment
  • Diagnosis
  • Consultation
  • Treatment
  • Patient monitoring
  • Transfer of medical data
  • Education
  • Public health services
  • Health administration

However, audio-only phone calls, email, or fax services are not included in the authorized healthcare services covered under the law. Any healthcare professional who is licensed or certified and who provides care via telehealth is classified as a “telehealth provider” under the statute.

A Pensacola Medical Malpractice Attorney Could Help Hold Telehealth Providers Accountable

One of the most important features of the new law is applying professional standards to telehealth providers. Under Section 456.47(2), those who practice medicine online have a legal duty to practice according to the same professional standards as those who provide health care services in person.

This should mean that if a doctor or other telehealth provider fails to follow appropriate practices and commits malpractice, a Pensacola medical malpractice attorney could help an injured patient recover through a malpractice lawsuit. It could take time for the legal standards for this type of case to be settled, however, since the law is so new.

The practice of online medicine is restricted in some respects compared with services provided in person. For instance, telehealth providers may not prescribe controlled substances except in limited circumstances.

Contact a Pensacola Medical Malpractice Attorney if You Received Negligent Care from a Telehealth Provider

Whether they treat patients in person or online, doctors are obligated to provide care that meets minimum acceptable standards. When they improperly diagnose a problem or commit other medical errors and patients suffer as a result, medical professionals should be held accountable for their negligence.

An experienced Pensacola medical malpractice attorney is ready to help if you received substandard care from a telehealth provider. For a free consultation to learn about your recovery options, call 888-549-7011 or contact us online now.


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