Medical Negligence in Telemedicine: A New Legal Challenge
Introduction
Telemedicine, understood as the provision of remote clinical services through information and communication technologies, has led to an unprecedented transformation in the doctor-patient relationship. While it offers advantages such as accessibility and agility in healthcare, it has also resulted in a new and complex legal framework. The rise of telemedicine implies an evolution of the concept of medical negligence, redefining legal, ethical, and professional responsibilities in 2024.
What is Medical Negligence in Telemedicine?
According to the classic definition, medical negligence involves a deviation from the accepted standard of care within the profession, causing harm to the patient. In telemedicine, this negligence can manifest in misdiagnoses due to lack of physical examination, poor collection or interpretation of digital data, technological issues hindering communication, or inadequate management of electronic informed consent.
Common Examples of Medical Negligence in Telemedicine
- Incorrect diagnosis due to limitations in remote symptom or sign collection.
- Failure to refer to in-person care in cases that required it.
- Loss or leakage of sensitive health data due to technological malpractice.
- Lack of adequate patient follow-up in chronic or acute processes.
Legal Standards and Challenges in 2024
Jurisdiction and Conflict of Laws
The provision of telemedicine services may involve patients and professionals from different regions or countries, creating uncertainty about which regulations should apply in the event of a malpractice dispute. Current doctrine tends to consider the legislation of the patient's place of residence, although there are particularities and international agreements in development.
Digital Informed Consent
Informed consent remains essential and must be collected and stored with robust technological guarantees. The current legal standard requires ensuring that the patient understands the risks, limitations, and specific characteristics of the telematic consultation.
Privacy, Security, and Data Protection
The General Data Protection Regulation (GDPR) and national regulations impose reinforced technical and organizational obligations on telemedicine platforms. Recent jurisprudence indicates that a security breach may be considered negligent in itself, leading to civil and even criminal liability.
Proof of Negligence in the Digital Environment
The telematic nature of the relationship requires thorough documentation: recordings (duly authorized), electronic records, access logs, and communications are essential elements to demonstrate the existence (or absence) of negligence before a court.
Professional Standards and Clinical Guidelines
According to the World Health Organization (WHO) and professional associations, the standard of care in telemedicine should be equivalent to that of in-person consultation unless explicitly informed limitations exist. Practically all advanced countries have issued specific guidelines for professionals attending through digital means in 2023-2024.
Civil and Criminal Liability in Telemedicine
As a result of recent jurisprudential and doctrinal developments, courts have begun to award significant compensations for medical negligence claims in telemedicine, equating them in most cases to in-person care. Patients can claim for:
- Physical, psychological, or economic damages resulting from malpractice.
- Loss of diagnostic or therapeutic opportunity.
- Injuries due to unauthorized access or data leak of personal information.
The responsibility of the center or professional expands if they cannot prove the use of adequate technology, compliance with protection standards, or the existence of protocols adapted to tele-assistance.
Prevention: Keys for Doctors and Centers
1. Continuous training in telemedicine regulations and best practices and data protection.
2. Implementation of certified and secure technologies for care and for managing documentation and consents.
3. Rigorous documentation of the relationship and clinical decisions.
4. Establish clear mechanisms for referral to in-person care in cases of diagnostic or follow-up doubts.
5. Obtain specific informed consent for telemedicine and clearly explain the limitations of this type of consultation.
Real Cases and Recent Jurisprudence (2023-2024)
Various European and Latin American courts have condemned doctors and telemedicine provider companies for diagnostic errors due to lack of in-person examination, as well as for inadequate management in storing and processing clinical data. Some of these cases have resulted in million-dollar compensations, marking a before and after in the jurisprudence on digital medical liability.
Conclusion
Telemedicine is here to stay, but it poses a new challenge for health law that evolves day by day. Professionals and centers must adapt to a constantly changing regulatory environment, where information, prevention, and collaboration with legal experts are essential to minimize risks. Staying updated on regulations, technologies, and jurisprudence is the best defense and guarantee of quality care.
Looking for legal advice on medical negligence in telemedicine? Contact our specialized firm to resolve any questions about rights, claims, or regulatory compliance.