Medical Negligence in Telemedicine: A Legal Perspective
DOI:
https://doi.org/10.47203/IJCH.2025.v37i05.034Keywords:
Telemedicine, Telecommunication, Medical Negligence, Law, PatientAbstract
Telemedicine is the technology to provide remote delivery of the healthcare services such as consultation, diagnosis, treatment, etc., to the individuals. It is done through telecommunication technology such as video call, audio calls, messaging. It will help in providing the services, especially in rural or underserved areas, while maintaining patient-provider communication and continuity of care. Medical negligence in telemedicine is an emerging area of concern as healthcare increasingly shifts toward virtual platforms. In order to attract the liability under medical negligence, various essentials such as duty of care, breach of duty, causation and damages must be fulfilled. This paper aims to analyse various legal and ethical challenges that could be faced by the individuals in the process of telemedicine. This research paper was created using the doctrinal approach of research. In order to comprehend, analyze, and organize the law, this research style focuses on analyzing legal doctrines, legislation, case laws, and legal principles. The medical negligence in telemedicine could be in several ways such as misdiagnosis or delayed diagnosis, lack of informed consent, failure to refer the patient for in-person treatment, improper prescription or data breaches. These factors complicate diagnosis, treatment, and legal accountability in virtual healthcare settings, increasing risks for both patients and providers.
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Ateriya N, Saraf A, Meshram VP, Setia P. Telemedicine and virtual consultation: the Indian perspective. Natl Med J India. 2018;31(4):215–8.
Dr Laxman Balkrishna Joshi v. Dr Trimbak Bapu Godbole & Anr., AIR 1969 SC 128 (India).
Supreme Court of India. [Case reported in] (2010) 3 SCC 480.
General Medical Council. Remote consultations and prescribing. London: GMC; 2020. Available from: https://www.gmc-uk.org
World Medical Association. WMA statement on telemedicine. Ferney-Voltaire: WMA; 2018. Available from: https://www.wma.net
American Medical Association. Ethical practice in telemedicine. Chicago: AMA; 2022. Available from: https://www.ama-assn.org
Medical Council of India. Telemedicine practice guidelines. New Delhi: Ministry of Health and Family Welfare; 2020. Available from: https://www.mohfw.gov.in
World Health Organization. Telemedicine: opportunities and developments in Member States. Geneva: WHO; 2010. Available from: https://www.who.int
Government of India. The Information Technology Act, 2000. New Delhi: Ministry of Law and Justice; 2000. Available from: https://legislative.gov.in
Federation of State Medical Boards. U.S. states and territories modifying licensure requirements for telemedicine. Euless (TX): FSMB; 2022. Available from: https://www.fsmb.org
Federation of State Medical Boards. Model policy for the appropriate use of telemedicine technologies in the practice of medicine. Euless (TX): FSMB; 2014. Available from: https://www.fsmb.org/Media/Default/PDF/FSMB/Advocacy/FSMB_Telemedicine_Policy.pdf
Hempel S. Three malpractice risks of video visits. MDedge. 2020. Available from: https://mdedge.com/obgyn/article/227867/business-medicine/three-malpractice-risks-video-visits
Monisha M. Challenges in telemedicine and their possible solutions. DrCare247. 2023 Apr 21. Available from: https://www.drcare247.com/blog/telemedicine/challenges-in-telemedicine-and-their-potential-solutions/
D’Arcy Johnson Day. Medical malpractice in the age of telemedicine: failure to diagnose serious conditions. Legal Examiner. 2025. Available from: https://www.legalexaminer.com/health/medical-malpractice-in-the-age-of-telemedicine/
Telehealth.org. A $44 million telemedicine fraud case study: exploitation of telehealth services through unnecessary durable medical equipment and genetic testing orders. 2022. Available from: https://telehealth.org/blog/company-pleads-guilty-to-44m-telemedicine-fraud/
Paulson J. Can medical malpractice occur in telemedicine? Paulson Coletti Trial Attorneys. 2024 May 10. Available from: https://www.paulsoncoletti.com/can-medical-malpractice-occur-in-telemedicine/
Raposo VL. Telemedicine: the legal framework (or the lack of it) in Europe. GMS Health Technol Assess. 2016;12:Doc03. doi:10.3205/hta000131
Russell D. Telemedicine risk management considerations. Chicago: American Society for Healthcare Risk Management, American Hospital Association; n.d. p.8.
White N. Tele-medicine and medical negligence: navigating new legal challenges. P.A. Duffy & Co Solicitors. n.d. Available from: https://www.paduffy-solicitors.com/article/tele-medicine-and-medical-negligence/
World Medical Association. International code of medical ethics. Ferney-Voltaire: WMA; 2017. Available from: https://www.sls.se/PageFiles/229/intcode.pdf
Government of India. The Consumer Protection Act, 2019. New Delhi: Ministry of Law and Justice; 2019. Available from: https://legislative.gov.in
Deepa Sanjeev Pawaskar v. State of Maharashtra, 2018 SCC OnLine Bom 1841 (Bom HC).
Jacob Mathew v. State of Punjab, (2005) 6 SCC 1 (India).
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Copyright (c) 2026 Aishwarya Awasthi, Raunak Tiwari, Prashant Kumar Bajpayee, Shivendra Kumar Singh, Pooja Mishra
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