Introduction: The Promise and Pitfalls of Virtual Care
Telehealth has become a vital part of modern healthcare. It offers convenience, safety, and access to care—especially in rural or underserved areas. In Maryland, virtual doctor visits surged during the COVID-19 pandemic and have remained popular since.
But with the rise of telemedicine comes a new risk: telehealth misdiagnosis.
What happens when a doctor misses a serious condition during a video visit? Can you sue for medical malpractice if your injury or illness was misdiagnosed—or not diagnosed at all—because of a virtual consultation?
At Ballenger & Roche, we’ve begun seeing more cases where telehealth contributed to avoidable harm. In this article, we’ll explain your rights, outline what counts as malpractice in a virtual setting, and guide you on how to take action if you’ve been affected.
The Rise of Telehealth in Maryland
Since 2020, Maryland has taken several steps to expand telehealth access:
- Expanded insurance coverage for virtual appointments
- Out-of-state licensing flexibility for physicians
- Permanent access for certain Medicaid patients
From mental health to chronic illness management, telemedicine is now embedded in the healthcare system. But the convenience of virtual care also creates new challenges for diagnosis and treatment.
Common Types of Telehealth Misdiagnosis
Just like in-person care, mistakes can happen during virtual visits. The problem is, certain conditions are harder to detect without a physical exam or in-person testing.
Some common misdiagnoses via telehealth include:
- Infections like sepsis, pneumonia, or urinary tract infections
- Skin conditions mistaken for rashes or allergies
- Strokes or transient ischemic attacks (TIAs) misidentified as migraines
- Appendicitis confused with indigestion or menstrual cramps
- Cancer symptoms overlooked due to lack of labs or imaging
Additionally, mental health care via telehealth can result in underdiagnosis or incorrect prescriptions when clinicians don’t have a full picture of the patient’s situation.
What Counts as Malpractice in a Virtual Setting?
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm. The same applies to telehealth providers.
In Maryland, telemedicine doctors are held to the same legal and ethical standards as those in brick-and-mortar offices. This means:
- They must take a thorough patient history.
- They must ask appropriate follow-up questions.
- They must refer patients to in-person care when necessary.
- They must document the visit properly.
- They must not rely solely on video if doing so could compromise care.
If a doctor rushed your appointment, ignored key symptoms, or failed to recommend further testing—and that failure led to harm—you may have grounds for a malpractice claim.
Challenges Unique to Telehealth Lawsuits
While the legal framework is similar, telehealth malpractice cases come with additional complexities:
- Jurisdictional Issues: Was the doctor licensed in Maryland? Did they violate state telemedicine laws?
- Documentation Gaps: Was the virtual visit recorded or fully charted? If not, proving negligence may be harder.
- Platform Limitations: Did technical glitches prevent a full assessment?
- Standard of Care: What’s considered “reasonable” care over video may differ from in-person expectations.
At Ballenger & Roche, we work with telehealth experts and medical professionals to evaluate each case carefully—looking beyond the screen to determine what went wrong and why.
Your Rights as a Patient in Maryland
As a Maryland resident, you have the same right to safe and competent care whether it’s delivered in person or virtually.
State law supports your right to:
- Be fully informed about your diagnosis and treatment plan
- Receive timely referrals if more evaluation is needed
- Get clear documentation of what occurred during your visit
- Hold providers accountable for negligence
If a virtual provider’s failure caused you serious harm, you can—and should—consider legal action.
Real-Life Example: When Telehealth Fails
A 42-year-old Maryland resident contacted their primary care doctor via video to report chest pain and shortness of breath. The provider diagnosed it as anxiety and advised rest. The patient later suffered a heart attack—something that likely would have been identified through an in-person visit with appropriate testing.
Cases like this aren’t rare. And they highlight the importance of recognizing when remote care isn’t enough.
What to Do If You Suspect Telehealth Negligence
If you believe your condition was misdiagnosed or ignored during a telehealth visit, here’s what you should do:
- Request Your Medical Records: Include any virtual visit notes, chat logs, or emails.
- Document Your Timeline: When did symptoms start? What did the provider say or do?
- Get a Second Opinion: A new diagnosis may help support your claim.
- Speak with a Medical Malpractice Attorney: A lawyer can determine if your case meets Maryland’s legal criteria for malpractice.
Don’t let a missed diagnosis through a screen go unanswered. If a telehealth visit led to harm, Ballenger & Roche is ready to help you pursue justice. We understand the evolving landscape of virtual care—and how to navigate it to protect your rights.At Ballenger & Roche, we offer free consultations to assess your case and help you take the next steps confidently.