Nationwide 214-251-4238

Telemedicine Medical Malpractice Defense

Schedule a Free Consultation Today

Telemedicine Medical Malpractice Lawyers Experienced in Dealing with This Growing Practice Area

In light of the quarantine and stay-at-home orders over the course of the last year—and still in effect in some states—telemedicine has gone from a niche practice to something many medical providers are now offering. However, due in large part to the drastic increase in telemedicine practitioners across the country, telemedicine medical malpractice cases have increased dramatically.  While medical malpractice claims involving a telemedicine practitioner apply the same legal standards as traditional medical malpractice claims, the manner in which these standards are applied can vary significantly.

At the medical malpractice law firm of Oberheiden, P.C., we have assembled a team of dedicated telemedicine medical malpractice defense attorneys who work closely with physicians and other healthcare professionals to develop effective defense strategies for all types of professional negligence claims. At Oberheiden, P.C., we are, and always have been, on the cutting edge where law meets medicine. Our attorneys have centuries of combined experience advocating on behalf of doctors, nurses, physician assistants, pharmacists, and other healthcare workers who are facing allegations of medical malpractice.

What Constitutes Telemedicine Medical Malpractice?

Chances are, if you have a medical license, you are familiar with the term medical malpractice. However, the nuances of this legal doctrine often surprise even the savviest of practitioners. Medical malpractice is another term for medical negligence. While every state’s laws vary to some degree on what constitutes medical malpractice, in very general terms, medical malpractice refers to a situation in which the care provided by a healthcare provider falls below the generally accepted standard of care, resulting in a patient’s injury or death.

At the most basic level, courts are responsible for fleshing out the nuances of what exactly constitutes medical malpractice. If a patient’s claim of malpractice does not meet the court’s definition, it will be dismissed. However, because telemedicine is a relatively new practice area, there few court opinions dealing with telemedicine medical malpractice claims. This isn’t to say that these claims are rarely filed, only that they have not yet had time to make their way through the court system.

The lack of case law regarding telemedicine medical malpractice is a double-edged sword for practitioners. On one hand, it introduces uncertainty which, generally makes the decision whether to fight or settle a case a challenging one. However, on the other hand, the lack of firm guidance in the courts opens the door to creative defense strategies that may not have been previously considered.

At Oberheiden, P.C., our respected medical malpractice lawyers have developed a strong telemedicine defense practice over the past decade, not just the last year. We’ve been at the forefront of some of the most complex and cutting-edge legal issues facing telemedicine practitioners. Unlike many other defense attorneys who dabble in medical malpractice, we command an in-depth knowledge of the medical field. In other words, you will not have to teach our attorneys about the practical workings of the medical industry because we already understand them.

The Added Complexities of a Telemedicine Medical Malpractice Claim

While all medical malpractice lawsuits involve a complex intersection of medicine and the law, telemedicine introduces additional challenges. Aside from an underdeveloped doctrine of law outlining a telemedicine practitioner’s duty to her patients, another potential issue is whether a physician licensed to practice medicine in one state can remotely treat a patient in another state. If so, the physician may be exposed to another state’s laws, with which they are unfamiliar. If it is determined that the physician was not licensed to treat the patient, this could result in the physician’s medical malpractice insurance not covering the incident, as most medical malpractice insurance policies exclude unlicensed activities. 

Regardless, litigating an out-of-state medical malpractice claim is not something most healthcare practitioners—and most medical malpractice litigation firms—are prepared to handle. These cases may involve varying statutes of limitations, liability laws, duties of care, damages caps, and more.

If you face a telemedicine medical malpractice claim, it is crucial that you retain counsel competent to handle the unique issues the claim may raise. At Oberheiden, P.C., we have assembled a nationwide team of highly respected medical malpractice defense attorneys. We currently have represented clients in 40 states, and are prepared to defend a case in any jurisdiction across the United States.

Should You Allow Your Insurance Company to Hire You a Medical Malpractice Lawyer?

No federal law requires physicians purchase medical malpractice insurance. However, as a doctor, you may be required to maintain a professional negligence, or medical malpractice, insurance policy under state law, or due to the specific requirements of your practice. As a part of the premiums you pay for this insurance, the insurance company agrees to provide you with an attorney when you face malpractice allegations. While this sounds like a benefit, having a lawyer paid for by an insurance policy can actually hurt your chances of successfully defending against a telemedicine medical malpractice case.

When an insurance company retains a lawyer on your behalf, the lawyer is put in a somewhat difficult position. On one side, the ethical rules governing the practice of law requires the attorney to act in your best interests. At the same time, however, the attorney will also have loyalty to the company that hired them. Whether conscious or subconscious, an attorney may not always do everything the quickly and efficiently resolve the case. For example, lawyers will typically bill insurance companies on an hourly basis. This can incentivize an attorney to drag out the case longer than necessary, adding to an already stressful situation for you.

When you decide to bring Oberheiden, P.C., onto your medical malpractice defense team, we will be loyal to one party: you. We do not have to navigate complex relationships with our employer, because you are our boss. Everything we do is in pursuit of resolving the allegations against you as quickly and favorably as possible.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Joe Brown
Joe Brown

Former U.S. Attorney
& Former District Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena
Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Lynette S. Byrd
Lynette S. Byrd

Former Assistant U.S. Attorney

Partner

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (OIG)

Chris Quick
Chris Quick

Former Special Agent (FBI & IRS-CI)

Kevin M. Sheridan
Kevin M. Sheridan

Former Special Agent (FBI)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Dennis A. Wichern
Dennis A. Wichern

Former Special Agent-in-Charge (DEA)

Are You Unhappy with Your Insurance Lawyer? Do You Need a More Forceful Litigation Defense? Contact Oberheiden, P.C. for Immediate Assistance

If you are facing allegations of telemedicine medical malpractice, the dedicated attorneys at Oberheiden, P.C. are here to help. We have assembled a team of knowledgeable, hard-working, and experienced medical malpractice defense attorneys, well versed in both the medical industry as well as the laws governing these claims. Collectively, we have centuries of experience working with healthcare providers, providing aggressive representation in civil, administrative, and criminal proceedings. When you reach out to Oberheiden, P.C., we will immediately put you in. To learn more, reach out to one of our medical malpractice defense attorneys today at 1-888-680-1745. You can also reach us through our online form

, and an attorney will promptly get in touch with you.