The MEDICAL NEGLIGENCE IN TELEMEDICINE: A LEGAL PERSPECTIVE

Telemedicine, telecommunication, diognastic, medical negligence, law

Abstract

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.
The doctrinal method of research has been used in making this paper. This research methodology focuses on analysing legal principles, statutes, case laws, and legal doctrines to understand, interpret, and systematize the law.
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. As a result of this, patients may also experience emotional distress and a reluctance to use telehealth services in the future. It also impacts the telemedicine practitioners as they may face legal action, professional disciplinary measures, reputational damage, and financial liabilities.
While telemedicine improves access and convenience, it also creates new dimensions of medical negligence. Providers and regulators must work proactively to adapt legal standards, enhance training, and implement safeguards to protect patients and ensure accountability. Other than this, proper legal standards and protocols must be adopted so as to keep check upon the cases of medical negligence in telemedicine.