Is Telemedicine Leading to More Medical Malpractice Cases in North Carolina? 2025

The world today is heavily reliant on technology, and we are making new advances every day in nearly every field. The medical industry in particular is using technology more and more to provide telehealth services to patients. If you’re a North Carolina resident weighing the benefits of receiving remote care, you’ll be interested in answering the following question, “Is telemedicine leading to more medical malpractice cases in North Carolina?”

What Is Telemedicine?

To answer this question properly, it’s important to first understand how telemedicine works. Telemedicine offers healthcare to individuals through remote access technology, allowing patients and providers to connect in a more convenient manner. Telehealth technologies include both asynchronous and synchronous technologies as well as remote patient monitoring technology, including:

• Email
• Live video chats
• Mobile phones
• Remote access to files via cloud storage
• Text and SMS messages

What Is Direct-to-Consumer Medicine?

When discussing telehealth, you may also hear the term direct-to-consumer (DTC) medicine. DTC medicine refers to healthcare services or products marketed and provided directly to patients without requiring traditional intermediaries like in-person doctor visits.

DTC medicine often includes telehealth platforms, online pharmacies, or at-home diagnostic kits that allow consumers to conveniently access care, prescriptions, or treatments. It’s driven by technology, patient demand for autonomy, and a shift toward personalized, accessible healthcare options.

DTC medicine operates under many of the same parameters as standard telemedicine. Sometimes with DTC telemedicine, patients can connect directly with a physician in the field they need instead of being referred by their primary care physician.

What Constitutes Medical Malpractice in North Carolina?

At its most basic, medical malpractice refers to a healthcare provider’s failure to provide an acceptable level of care that results in harm to the patient. In the most serious cases, a provider’s actions can mean the difference between life and death for a patient. Even in less dire situations, a provider’s decisions can sometimes dictate their patient’s quality of life.

Doctors are held to the highest standard, which is why it’s important to understand your rights as a patient and recognize when you may be the victim of medical malpractice. These cases can occur in traditional in-person medical settings and telehealth settings alike. The increased use of technology in the medical field makes it important to explore the risks telemedicine poses to patient safety and the overall quality of care.

Is Telemedicine Leading to More Medical Malpractice Cases in North Carolina?

There is very little legal precedent regarding medical malpractice claims related to telemedicine. As of now, a substantial link has not been established between telemedicine services and medical malpractice cases in North Carolina.

Depending on how telehealth services are utilized, telemedicine could reduce the amount of medical malpractice cases by giving patients better access to care and allowing doctors to intervene earlier. This is especially true when patients take advantage of telehealth appointments for routine checkups instead of leaving doctor visits for more complex issues.

Telemedicine, however, does introduce unique risks to the quality of patient care due to potential communication challenges and the chance of a provider misinterpreting a patient’s symptoms in a virtual setting. This can be due to a variety of factors, including:

• Lack of physical examination
• Poor video quality
• Potential privacy breaches
• Providers practicing without the proper credentials

Additionally, issues could arise when doctors treat their patients remotely from a different state. Different state licensing requirements and regulations could cause medical malpractice claims to be dismissed.

The US has experienced a significant increase in the use of telehealth services in the wake of the COVID-19 pandemic. It is worthwhile to monitor the trends in telehealth moving forward to better understand its pros and cons.

FAQs

Can I Submit a Claim for Medical Malpractice After a telehealth visit?

Yes, you can submit a claim for medical malpractice if you can prove a provider’s negligence during a telehealth visit directly caused your injury. You’ll need evidence like medical records, communication logs, or professional testimony to support your claim. Consulting a medical malpractice lawyer familiar with telemedicine regulations is crucial.

What Is the Telemedicine Statute in North Carolina?

According to the North Carolina Medical Board, licensees that provide telehealth services to their patients are held to the same standard of care provided in traditional in-person settings. This means that telehealth professionals must take steps to establish a patient-provider relationship, complete all necessary evaluations, and maintain patient privacy.

Does North Carolina Have a Medical Malpractice Cap?

Yes, North Carolina has a cap on medical malpractice damages, but it applies only to non-economic damages, such as pain and suffering or emotional distress. As of the most recent adjustment effective January 1, 2023, this cap is set at $656,730. There’s no cap on economic damages, like medical bills or lost wages, meaning those can be fully compensated without limit.

What Is the Most Common Cause of Telehealth Medical Malpractice Claims?

Misdiagnosis is a common cause of telehealth medical malpractice claims. Due to the limitations of a virtual examination, healthcare providers may struggle to assess a patient’s condition accurately, leading to incorrect diagnoses, particularly for serious conditions like cancer, stroke, and infections.

How Does Telehealth Affect the Standard of Care?

The standard of care in telehealth mirrors that of in-person visits, requiring providers to act as competent professionals under similar circumstances. However, it accounts for telehealth’s limitations, like no physical touch, which may require extra diligence or referrals. Courts can assess whether the provider reasonably adapted to the virtual setting.

Get in Touch With a North Carolina Malpractice Lawyer to Discuss Your Case Today

Elam & Rousseaux, PLLC, has been working with clients in Charlotte since 1978 and has over 90 years of combined experience across its team. We are committed to providing quality, hands-on care to every client who comes through our doors. Our goal is to build a strong case that results in you receiving the proper compensation for your claim so you can focus on your recovery without the stress of a legal battle looming over your head.

No matter your situation, we have the skills and knowledge to help you through it. If you’re ready to learn more, contact our office to set up an appointment with our team today.