The landscape of American healthcare is undergoing a seismic shift. Technologies that once felt like science fiction are now integrated into daily medical practice. Two of the most transformative developments, telemedicine and artificial intelligence (AI), are fundamentally altering how patients receive care. They offer unprecedented convenience and the potential for more accurate, efficient diagnostics. However, this rapid innovation brings with it a new and complex web of legal questions, particularly when things go wrong.

When a patient is harmed by a medical error, the path to justice has traditionally been through a medical malpractice claim. But how does that process work when the doctor is on a screen hundreds of miles away? Who is responsible when a diagnostic algorithm makes a mistake—the physician who trusted it, the hospital that implemented it, or the company that designed it?

These are no longer hypothetical questions. The integration of these technologies is actively reshaping the legal standards and strategies involved in medical malpractice lawsuits. For patients who have suffered harm, understanding this new terrain is the first step toward protecting their rights.

The Surge of Telemedicine and Its Impact on Medical Malpractice Lawsuits

Telemedicine, or telehealth, has exploded in popularity, moving far beyond a simple video call with a doctor. It now encompasses a wide range of services, including remote patient monitoring, digital transmission of medical images, and asynchronous communication, where patients and providers exchange information without being online simultaneously. The benefits are clear: improved access to specialists, care for those in rural areas, and the convenience of consulting a doctor from home.

However, this convenience introduces new risks. The core of a traditional diagnosis often relies on a physical examination—listening to a patient’s heart, feeling for abnormalities, or observing subtle physical cues. When this element is removed, the potential for error increases, which can become the basis for a medical malpractice claim.

Establishing the Standard of Care in a Virtual World

In any malpractice case, the central question is whether the healthcare provider breached the "standard of care." This legal concept refers to the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would have provided under the circumstances.

Telemedicine complicates this standard. Initially, there were debates about which "community" should set the standard—the doctor's location or the patient's. Today, the consensus in most states is that the standard of care is the same whether the patient is seen in person or virtually. A doctor cannot provide a lower quality of care simply because the consultation is remote.

Despite this legal clarity, the practical challenges remain. A physician’s ability to meet the standard of care can be compromised by:

• Technical Failures: A poor internet connection, low-quality video, or audio glitches can obscure important details, leading to a missed or incorrect diagnosis.
• Communication Barriers: Without the nuances of in-person interaction, misunderstandings between the patient and doctor can occur more easily.
• Diagnostic Limitations: A doctor cannot perform a hands-on examination through a screen. A rash that is difficult to see on camera or a description of abdominal pain without a physical palpation can lead a physician down the wrong diagnostic path.

Common Grounds for a Telemedicine-Related Medical Malpractice Lawsuit

While telemedicine is a new platform, the types of errors that lead to a medical malpractice lawsuit are often familiar, just adapted to a virtual context. Some of the most common grounds include:

• Misdiagnosis or Delayed Diagnosis: Such an error is the leading concern in telemedicine. A doctor might misinterpret symptoms due to a lack of physical data, diagnosing a serious condition like a heart attack or stroke as something benign or failing to diagnose it at all.
• Prescription and Medication Errors: Without access to a patient's complete and updated medical history, or without the ability to conduct in-person tests, a physician might prescribe the wrong medication or an incorrect dosage, or fail to account for dangerous drug interactions.
• Failure to Recommend In-Person Care: A key responsibility for a telehealth provider is recognizing the limitations of the virtual visit. If a patient's symptoms warrant a physical examination, lab work, or imaging, the provider has a duty to direct them to an in-person facility. Failing to do so can lead to a worsening condition and significant harm.
• Cybersecurity and Privacy Breaches: Telehealth platforms handle sensitive personal health information, making them targets for cyberattacks. A failure to secure this data can lead to privacy violations, which may also be grounds for legal action.

The Rise of Artificial Intelligence (AI) in Medicine: A New Frontier for Liability

If telemedicine represents a change in the delivery of healthcare, artificial intelligence (AI) represents a change in its very intelligence. AI is being integrated across the medical field, from machine-learning algorithms that can detect cancer in radiological scans with greater accuracy than the human eye to predictive systems that analyze patient data to forecast disease risk.

The promise of AI is immense. By processing vast datasets, it has the potential to reduce human error, speed up diagnoses, and personalize treatment plans. But this power comes with a profound legal challenge: When an AI system contributes to patient harm, who is legally responsible? This question challenges the established boundaries of traditional malpractice law.

How Artificial Intelligence (AI) Redefines the Medical Standard of Care

Just as with telemedicine, AI is forcing a re-evaluation of the medical standard of care. The standard is not static; it evolves as technology and medical knowledge advance. The availability of a proven AI tool could soon make its use a required part of the standard of care.

This creates a double-edged sword for physicians. A doctor could potentially be found negligent in two opposing scenarios:

1. Failure to Use AI: If a widely available AI diagnostic tool is proven to be more accurate than human analysis for a specific condition, a physician who fails to use it—and consequently makes a diagnostic error—could be held liable for not utilizing a superior tool.
2. Improper Reliance on AI: Conversely, a physician who blindly follows an AI’s recommendation without applying their own clinical judgment could also be found negligent. If the AI’s conclusion seems inconsistent with the patient’s overall clinical picture, the doctor is expected to investigate further, not just defer to the machine.

Complicating matters further is the "black box" problem. Many advanced AI systems, particularly deep learning models, are incredibly complex. It can be difficult, if not impossible, to understand precisely how they arrive at a specific conclusion. This opacity makes it challenging for a physician—or a lawyer—to question or validate an AI-generated recommendation, creating a significant hurdle in a medical malpractice lawsuit.

Pinpointing Fault in an AI-Related Medical Malpractice Lawsuit

When an AI-assisted medical error occurs, the lines of responsibility blur. A successful medical malpractice lawsuit requires identifying all potentially liable parties, which could now include:

• The Physician: The doctor remains the primary caregiver. Their responsibility is to use tools appropriately. Did they input the correct data into the system? Did they understand the AI's limitations? Did they exercise independent clinical judgment when presented with the AI's output?
• The Hospital or Healthcare Facility: The institution is responsible for the tools it provides to its staff. Did the hospital properly vet and validate the AI system before deployment? Did it establish clear protocols for its use? Was the medical staff, including the medical malpractice lawyer's client, adequately trained on how to operate the technology and interpret its results?
• The AI Developer: The company that designed and sold the AI system could also be at fault. Was the algorithm itself flawed? Was it trained on incomplete or biased data? For example, an AI trained primarily on data from one demographic might be less accurate for patients from other backgrounds, leading to discriminatory and dangerous outcomes. Proving this often requires deep technical expertise and access to proprietary information, making these cases exceptionally complex.

In many instances, liability may not rest with a single party but may be shared among them. Untangling this web of responsibility is a central challenge in this new era of medical litigation.

Navigating Your Case with a Medical Malpractice Lawyer

For a patient who has been injured, the increasing complexity of healthcare can feel overwhelming. Pursuing a medical malpractice claim in the age of AI and telemedicine requires a legal strategy that is as sophisticated as the technology involved.

The Unique Challenges of a Modern Medical Malpractice Claim

The evidence required to build a strong case has expanded significantly. In addition to patient records and medical expert testimony, a claim involving technology may require:

• Digital Audit Trails: This includes software logs, data inputs, and the specific outputs generated by an AI system.
• System Documentation: Records from the developer detailing the AI’s intended use, known limitations, and performance metrics.
• Communication Records: Transcripts or recordings of telemedicine consultations and any electronic messages exchanged.
• New Expert Witnesses: A successful case may now depend on the testimony of data scientists, software engineers, or cybersecurity experts to explain how a technological failure occurred.

Why an Experienced Medical Malpractice Lawyer is More Important Than Ever

Navigating a claim involving telemedicine or AI is not something a patient should do alone. These cases are at the forefront of law and technology, and they demand a medical malpractice attorney with the resources and knowledge to handle them effectively.

An experienced attorney can:

• Conduct a Thorough Investigation: They know what questions to ask and what evidence to look for, from digital records to the hospital’s technology procurement policies.
• Identify All Liable Parties: A skilled lawyer will look beyond the physician to determine if the hospital, a technology vendor, or another party shares responsibility for the harm caused.
• Assemble the Right Team of Experts: They have networks of both medical and technical experts who can analyze the evidence and provide credible testimony.
• Build a Compelling Case: They can translate complex technical failures into a clear and persuasive legal argument.

The fusion of healthcare and technology is not slowing down. While it holds the promise of a healthier future, it also creates new risks for patient safety. The legal system is still adapting to these changes, but one thing remains constant: injured patients have a right to seek justice.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you or a loved one has suffered harm due to a medical error involving telemedicine or an AI-powered tool, you may feel lost and unsure of where to turn. The legal path forward can be complex, but you do not have to walk it alone.

At Brandon J. Broderick, Attorney at Law, we are committed to holding negligent parties accountable, no matter how complex the circumstances. Our team understands the unique challenges of modern medical malpractice cases and has the experience to fight for the compensation you deserve. Contact us today for a free consultation to discuss your case and learn how we can help.