Telehealth has changed the way many of us see doctors in New Jersey. A video visit from the sofa, a quick message through a portal, or a prescription ordered after a short online questionnaire can feel fast and convenient. For many conditions, telemedicine is safe and appropriate. For others, it can be dangerous.
When a virtual doctor visit leads to a missed diagnosis, delayed treatment, or a serious medication error, patients often ask the same questions. Was this just an unfortunate result, or was it malpractice? Does the law treat telehealth differently from in-person care? Can we hold a provider accountable when we never set foot in their office?
In New Jersey, the answer is clear. Telehealth providers must meet the same standard of care as they would in an in-person visit. If they fall below that standard and a patient is harmed, telehealth malpractice may have occurred.
As New Jersey medical malpractice lawyers, we see how virtual care can go wrong and what it takes to prove negligence. In this article, we walk through common telehealth errors, the unique challenges involved in “virtual doctor misdiagnosis NJ” claims, and how New Jersey law applies when care is delivered online.
We also explain how our team at Andres, Berger & Tran evaluates these cases and helps injured patients and families move forward with powerful claims for compensation.
What Telehealth Malpractice Looks Like in New Jersey
Telehealth is not inherently unsafe. In fact, it can improve access to care when used appropriately. However, the same features that make telemedicine convenient can also create opportunities for serious mistakes.
When we investigate potential telehealth malpractice New Jersey cases, we often see similar patterns.
Missed Red Flags During a Video Visit
In a traditional office visit, a doctor can take vital signs, listen to the heart and lungs, palpate the abdomen, and observe how a patient walks, breathes, or speaks. In a telehealth visit, much of that information is missing.
Virtual doctors may:
- Brush off reports of chest pain or shortness of breath as anxiety without ordering tests or an in-person exam
- Attribute severe headaches or neurological symptoms to simple migraines without ruling out stroke, bleeding, or infection
- Treat abdominal pain as a minor stomach bug when signs actually point to appendicitis or another surgical emergency
When a provider relies solely on what they can see in a small video window and does not take the time to ask detailed questions or order necessary tests, critical warning signs can be missed. The result may be hospitalization, permanent disability, or even wrongful death.
Inadequate Virtual Physical Examinations
A telehealth exam can be appropriate for straightforward follow-ups, some mental health appointments, and certain medication checks. It is not appropriate for every complaint.
We commonly see inadequate virtual exams in situations such as:
- A patient with a severe rash is asked to hold a phone camera up to their skin instead of being seen in person.
- A provider tries to assess swelling, tenderness, or range of motion by asking the patient to move a limb on camera without a true hands-on exam.
- A child with high fever, lethargy, and a stiff neck is evaluated only through video rather than being directed to an emergency department.
In many New Jersey regulations, telemedicine providers are instructed to determine whether telehealth is appropriate and, if not, to direct the patient to in-person care. When a provider continues with telehealth despite clear signs that a direct exam is required, that choice can be a key factor in a malpractice claim.
Dangerous Prescription Decisions After Telemedicine Visits
Medication errors are another common source of telehealth malpractice. Virtual prescribing can go wrong in several ways:
- Issuing antibiotics without confirming that a bacterial infection is likely which can delay correct treatment and contribute to resistance
- Prescribing medications that interact dangerously with a patient’s existing drugs because the provider failed to carefully review the medication list
- Providing high-dose steroids, blood thinners, or other risky drugs without adequate lab work or follow-up
- Relying on online questionnaires or brief messaging only, rather than a meaningful telehealth visit, to prescribe powerful medications
New Jersey telemedicine rules make clear that prescriptions should not be based solely on an online questionnaire and that a valid provider-patient relationship must be established. When providers cut corners, the harm can be life-altering.
When Does Telehealth Cross the Line Into Negligence?
Not every bad outcome is malpractice. To succeed in a medical malpractice claim, whether it involves in-person care or telehealth, New Jersey law requires proof of several elements. Those elements are duty, breach of duty, causation, and damages.
We evaluate telehealth malpractice New Jersey claims through that same lens.
Duty of Care in Telehealth
Once a provider-patient relationship is formed, the healthcare professional has a legal duty to provide care that meets the accepted medical standard under the circumstances. For telehealth, that means the provider must:
- Be properly licensed to practice in New Jersey when treating a patient located here
- Follow applicable telemedicine and telehealth regulations
- Deliver care that is consistent with what a reasonably careful provider would do in the same situation, taking into account the limits of virtual care
If a patient uses a New Jersey telehealth platform or schedules a remote visit with a New Jersey provider, that duty is usually clear.
Breach of the Standard of Care
A breach occurs when the telehealth provider’s actions or omissions fall below the applicable standard of care. For example:
- Failing to order an in-person exam or imaging when symptoms clearly demand it
- Ignoring abnormal home vital signs, such as extremely high blood pressure or low oxygen readings
- Prescribing medication without checking for allergies or clear contraindications
- Not advising a patient to go to the emergency room when their situation obviously qualifies as an emergency
In telehealth cases, we work with qualified medical experts to compare what the provider did with what a reasonably competent provider should have done, within the limits of telemedicine.
Causation and Damages in Virtual Care
Even if a provider made a mistake, we still must show that the error directly caused harm. In telehealth malpractice, causation often involves questions like:
- Would an in-person exam have led to earlier diagnosis and treatment?
- Would appropriate follow-up or testing have prevented the injury or reduced its severity?
- Did the delay caused by telehealth decisions make the condition worse or remove treatment options?
If the answer is yes and the patient suffered measurable damages such as additional medical procedures, permanent disability, lost income, or wrongful death, a telemedicine negligence lawyer can help pursue a full claim for compensation.
Unique Challenges in Proving Telehealth Malpractice
Virtual doctor misdiagnosis in NJ cases presents some challenges that are different from traditional malpractice claims. We must understand how to use those differences to a patient’s advantage.
Digital Records, Chat Logs, and Video Platforms
In telehealth cases, much of the evidence lives in digital form. That can actually be helpful. We often gather:
- Secure messaging threads between the patient and provider
- Chat logs and visit summaries from the telehealth platform
- Electronic health records, including medications, test orders, and referrals
- Screenshots or screen recordings that the patient may have captured during the visit
These records can show exactly what was and was not said, which questions were asked, how the provider responded to red flag symptoms, and whether follow-up instructions were clear and appropriate.
However, platforms differ in how long they keep certain data. That is one reason it is important for patients to contact counsel as soon as possible so that we can move quickly to preserve critical evidence.
Proving That Telehealth Was the Wrong Choice
Another challenge in telehealth malpractice New Jersey cases is showing that the provider should not have relied on virtual care in the first place. Under New Jersey rules, a provider must determine whether telemedicine is appropriate and must direct the patient to in-person care when it is not.
We often work with experts to answer questions such as:
- Based on the symptoms reported, was an in-person exam required?
- Were there clear indications for imaging, lab work, or hospital monitoring that cannot be done virtually?
- Would a reasonably careful provider have told the patient to go to an emergency department rather than continuing with telehealth?
If the expert concludes that no safe provider would have handled the situation exclusively through telehealth, that opinion can be a powerful part of the case.
Multi-State Providers and Licensing Issues
Some telehealth companies market services across state lines. Providers may be located outside New Jersey, but they still must comply with our licensing and telemedicine laws when treating New Jersey patients. If they are not properly licensed or fail to follow New Jersey telehealth requirements, those violations may support the negligence case.
We investigate:
Where the patient was located at the time of the visit Where the provider was licensed to practice Whether the telehealth company had protocols to ensure compliance with New Jersey law
These issues can affect not only liability but also where and how a lawsuit must be filed.
How New Jersey Medical Malpractice Standards Apply to Telehealth
Telehealth does not create a separate, lesser standard of care. Under New Jersey regulations, providers who diagnose, treat, or advise through telemedicine are held to the same standard that would apply in an in-person setting.
In practice, this means:
- The provider must take an adequate history and gather enough information to make a safe decision
- If the provider cannot do that through telehealth alone, they must arrange appropriate in-person care
- The duty to obtain informed consent, maintain confidentiality, and keep proper records still applies
- The four elements of medical malpractice still govern any claim
For patients, this is important. If a virtual doctor misdiagnoses a case involving a condition that any reasonably careful provider should have recognized or acted upon, the fact that the care was remote does not excuse the error. The law expects telehealth providers to use good judgment, understand the limits of the technology, and protect patient safety at all times.
What To Do If You Suspect Telehealth Malpractice
If you believe a telemedicine visit in New Jersey harmed you or someone you love, the steps you take next can make a real difference in your ability to seek justice.
Gather and Save Everything You Can
We encourage patients to save:
- Emails, texts, and portal messages with the telehealth provider
- Appointment confirmations and visit summaries
- Screenshots of any concerning advice or instructions
- Names of all platforms, apps, and providers involved
These details help us reconstruct the timeline and understand exactly how the virtual encounter unfolded.
Seek Prompt Medical Attention
Your health comes first. If you are still experiencing symptoms or complications, seek in-person care right away at a hospital, urgent care center, or appropriate specialist. Let the new providers know what happened during the telehealth visit, but avoid framing it as a legal accusation at the bedside. Focus on getting the right treatment and making sure records are complete.
Reach Out to a Telemedicine Negligence Lawyer
Telehealth malpractice cases are complex. They involve both traditional medical malpractice issues and newer questions related to technology, virtual platforms, and multi-state practice. A telemedicine negligence lawyer with deep experience in New Jersey malpractice law can analyze your case, gather expert opinions, and advise you on whether a lawsuit is appropriate.
At Andres, Berger & Tran, we offer free initial consultations. We review your records, obtain additional documentation where necessary, and give you straightforward feedback about your legal options.
Why Work With Andres, Berger & Tran on a Telehealth Malpractice Case
Medical malpractice litigation is all we do. Telehealth cases are part of a natural evolution in that work, not a separate practice area that we treat as an experiment.
Our firm is widely recognized as one of New Jersey’s leading medical malpractice and serious injury law firms. We represent patients and families throughout South Jersey, including Camden County, Burlington County, Gloucester County, and beyond.
Here is what sets us apart.
Deep Focus on Medical Malpractice
Our attorneys have devoted their careers to handling complex medical negligence cases, including birth injuries, surgical errors, hospital malpractice, and nursing home abuse. Founding partner Michael S. Berger limits his practice to medical malpractice and nursing home abuse and has been certified by the Supreme Court of New Jersey as a Civil Trial Attorney, a distinction held by only a small percentage of lawyers in the state.
That depth of experience translates directly to telehealth malpractice matters.
A Network of Highly Qualified Medical Experts
Telehealth cases often hinge on expert testimony. We routinely work with respected physicians in a wide range of specialties who understand both traditional and virtual standards of care. These experts help us determine:
- Whether a telehealth visit was appropriate, given the symptoms
- Whether the provider should have ordered tests, imaging, or an in-person exam
- How the delay or error affected the patient’s outcome
With credible experts behind your case, we can present your story in a detailed and persuasive way to insurers, defense counsel, and, if necessary, a jury.
Meticulous Case Preparation and Personal Attention
We know that clients who come to us after a telehealth visit has gone wrong are often dealing with serious injuries and uncertainty. We take the time to listen, answer questions, and explain each step of the process.
Our team:
- Conducts a thorough review of medical records and digital communications
- Identifies all responsible parties, which can include individual providers, large telehealth companies, and traditional healthcare systems
- Calculates the full extent of your damages, from medical bills and lost wages to future care needs and pain and suffering
We treat every case as if it may go to trial. That reputation for thorough preparation often helps us negotiate strong settlements on our clients’ behalf.
Contact Andres, Berger & Tran Today for a Consultation About Your Case
If a virtual doctor visit has left you asking whether telehealth malpractice in New Jersey is to blame for a serious injury, you do not have to sort through the legal issues alone. We are here to help.
When you contact our firm, we will:
- Listen carefully to what happened during your telemedicine encounter
- Review available records, messages, and visit summaries
- Explain how New Jersey medical malpractice law applies to telehealth in clear, practical terms
- Give you an honest assessment of whether you may have a claim worth pursuing
We understand that you may feel frustrated, betrayed, or unsure about your next steps. Our mission is to shoulder the legal burden so that you can focus on your health and your family.
To speak with an experienced telemedicine negligence lawyer, call Andres, Berger & Tran or reach out through our online contact form to schedule a free, confidential consultation. We serve clients throughout South Jersey and across New Jersey, and we stand ready to fight for the justice and compensation you deserve.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.