Telemedicine has become a vital part of healthcare in Indiana. It connects patients with doctors through video calls, phone visits, and secure messaging, often without ever stepping into a clinic. While this virtual care model brings convenience and faster access, it can also create serious risks when providers miss important details or make avoidable mistakes.
If a misdiagnosis, medication error, or communication failure during a telehealth visit leads to preventable harm, you may have grounds for a medical malpractice claim. We’ll help you understand your legal rights, what can go wrong in remote care, and how to protect yourself if medical negligence occurred during a telehealth appointment in Indiana.
What Is Telemedicine and How Is It Used?
Telemedicine in Indiana allows licensed providers to deliver care remotely using secure digital tools. It’s commonly used for prescription renewals, chronic condition management, urgent care needs, and follow-ups after hospitalization.
Each method, whether video, phone, or messaging, has unique benefits and risks, especially when decisions are made without a physical exam.
Types of Telemedicine: Video, Audio, Messaging
Telemedicine visits in Indiana can take different forms, and each method affects how accurately providers can assess and treat medical issues.
- Video Visits: Real-time, face-to-face virtual appointments that closely resemble in-person care. However, key symptoms may still be missed, which can lead to diagnostic errors.
- Audio Calls: Phone-based consultations are convenient but limit a provider’s ability to assess physical signs, increasing the risk of oversight.
- Messaging or Chat: Asynchronous communication (like patient portal messages) is often used for minor issues, but can result in misunderstandings or inadequate care.
Common Specialties Using Telehealth
Telehealth is widely used across medical specialties to support faster, more accessible care, but its effectiveness depends on the nature of the condition being treated.
- Psychiatry: Virtual therapy sessions and medication management.
- Dermatology: Evaluating skin conditions through uploaded photos or videos.
- Urgent Care: Managing minor infections or short-term illnesses remotely.
- Primary Care: Handling routine check-ups, prescriptions, and chronic care.
- Pediatrics: Addressing common childhood symptoms without an office visit.
Regulation of Telemedicine in Indiana
Indiana law imposes specific legal requirements on healthcare providers who offer telemedicine services. To practice legally, providers must:
- Hold a valid Indiana medical license
- Obtain informed consent from the patient.
- Use secure, HIPAA-compliant communication systems.
Under Indiana Code § 25-1-9.5, additional rules apply to documentation standards, provider qualifications, and patient privacy. When providers fail to meet these standards, they may be exposed to medical malpractice liability under state law.
What Legal Rights Do Patients Have During a Telemedicine Visit?
Indiana law gives telemedicine patients the same legal protections they would have in a traditional, in-person medical setting. These include:
- Right to Standard of Care: Telehealth providers must meet the same medical standard of care as they would during an in-person visit. Failure to do so may constitute malpractice.
- Right to Access Medical Records: Patients can request video recordings, chat transcripts, and portal logs. These digital records are key to proving what happened if malpractice is suspected.
- Right to Licensed Providers: Only healthcare professionals licensed in Indiana are legally allowed to provide telemedicine services to patients in the state.
- Right to Informed Consent: Patients must be informed of the risks, benefits, and alternatives to any treatment, even when that care is delivered remotely.
What Are the Legal and Medical Risks of Telemedicine Malpractice?
Telehealth can improve patient access, but when clinical standards are not met, the consequences can be both medical and legal.
Below are the most common risk areas in Indiana telemedicine malpractice cases.
- Misdiagnosis Due to Lack of Physical Exam: Virtual visits reduce direct observation, which increases the chance of missed or delayed diagnoses, especially for conditions that need hands-on assessment.
- Incorrect Medication or Treatment Plan: Without a complete clinical picture, providers may prescribe the wrong drug or dosage. These errors can cause avoidable harm or serious side effects.
- Failure to Refer or Escalate Care: Not directing a patient to in-person or emergency care when necessary can lead to worsened outcomes, especially in time-sensitive cases.
- Technology Failures or Communication Gaps: Poor video quality, dropped calls, or vague instructions can result in miscommunication, delayed treatment, or incomplete records.
What Legal Steps Can You Take After a Telemedicine Malpractice Incident?
If you suspect a telehealth provider’s negligence caused harm, taking the right legal steps early is critical to preserving your case under Indiana malpractice law.
- Document All Virtual Interactions: Save chat logs, patient portal messages, and video visit records. These digital files serve as evidence and help establish a timeline of what happened and what went wrong.
- Consult a Medical Malpractice Attorney: An experienced lawyer can determine whether your case meets the legal criteria for malpractice and advise you on your rights, deadlines, and options.
- Obtain a Medical Expert Review: Indiana courts often require an expert opinion. Independent medical professionals can review your case and confirm whether the provider failed to meet the standard of care.
- File a Formal Claim in Indiana: Malpractice lawsuits in Indiana must follow strict filing rules and deadlines. Delaying this step can jeopardize your ability to recover damages, even in clear cases of negligence.
Who Can Be Held Responsible for a Telemedicine Error?
In a telemedicine malpractice case, liability doesn’t always stop with the treating provider. Multiple parties may share legal responsibility if virtual care leads to patient harm. Depending on the facts, fault may rest with a doctor, telehealth platform, hospital system, or even an out-of-state practitioner operating without proper licensure.
Individual Physicians or NPs
Licensed doctors and nurse practitioners have a direct duty of care when treating patients through telehealth. If they misdiagnose symptoms, prescribe the wrong medication, or fail to escalate care when needed, their actions may constitute a breach of Indiana’s medical standard, grounds for a negligence claim.
Telehealth Platforms and Tech Providers
Technology companies that provide telehealth infrastructure can also face liability. If an app crashes, patient records are lost, or secure messaging fails, the platform may be held accountable for system design flaws or failure to preserve critical digital evidence.
Hospital Systems or Clinics
Hospitals and clinics may be liable for errors made by staff during virtual visits. If remote care protocols are lacking or supervision is inadequate, the institution itself may be responsible under Indiana’s vicarious liability laws for failing to ensure safe telemedicine practices.
Out-of-State Practitioners
Physicians outside Indiana must hold a valid Indiana license to legally treat patients located in the state. If an unlicensed provider misdiagnoses or delays treatment, cross-state licensing issues can complicate a malpractice claim, but patients still have legal options to pursue compensation.
How Can You Prove Malpractice in a Telehealth Setting?
In Indiana, patients harmed by telemedicine malpractice may recover both economic and non-economic damages. Compensation depends on the severity of the injury, its impact on daily life, and the evidence proving medical negligence.
- Establishing Duty of Care Virtually: A legal duty exists once a provider gives medical advice or treatment during a virtual visit. This forms a doctor-patient relationship, which requires the provider to meet Indiana’s accepted standard of care.
- Proving a Breach Through Digital Records: Evidence often comes from chat transcripts, video session summaries, and portal messages. These records can show when symptoms were ignored, incorrect guidance was given, or proper follow-up was missing.
- Linking the Provider’s Error to Patient Harm: To succeed in a malpractice claim, you must prove that the provider’s failure directly caused your injury. For example, if a delayed diagnosis during a video visit led to complications, that link must be clearly shown.
- Proving Actual Damages: A malpractice case also requires proof of measurable harm. This can include medical bills, lost income, ongoing treatment costs, or pain and suffering. Without clear damages, even a proven error may not result in compensation.
- Securing Expert Medical Testimony: Indiana law generally requires a qualified medical expert to confirm that the care provided fell below accepted standards. Expert opinions, combined with digital documentation, form the foundation of a strong malpractice case.
What Compensation Can You Recover in a Telemedicine Malpractice Lawsuit?
In Indiana, patients harmed by telemedicine malpractice may recover both economic and non-economic damages. Compensation depends on the severity of the injury, its impact on daily life, and the evidence proving medical negligence.
Medical Bills and Future Treatment Costs
Telemedicine errors can result in significant out-of-pocket medical expenses. Compensation may cover both current and anticipated costs, including:
- Emergency room care for complications caused by misdiagnosis.
- Corrective surgeries or treatments to fix avoidable mistakes.
- Ongoing care needs, including rehab, therapy, or specialist visits.
- Prescription management required due to treatment errors.
These economic damages help ensure patients are not left financially responsible for harm caused by negligent virtual care.
Lost Income and Earning Potential
When a provider’s mistake leads to a delayed diagnosis or improper treatment, patients may lose income or even long-term career opportunities. Compensation for lost wages may include:
- Missed paychecks during recovery.
- Temporary disability, limiting work capacity.
- Permanent job limitations or reduced earning potential.
For example, a misdiagnosed condition during a video visit could prevent a patient from working for months, resulting in major income loss and disruption to financial stability.
Emotional Distress and Pain
In addition to financial losses, victims of telemedicine malpractice may suffer emotional and physical hardship. Indiana law allows compensation for:
- Pain and suffering
- Anxiety, depression, or trauma related to delayed or incorrect care
- Loss of enjoyment of life or everyday activities
These non-economic damages are capped under Indiana law and can be harder to prove. Medical records, personal testimony, and psychological evaluations often support these claims.
Punitive and Wrongful Death Damages
In cases involving gross negligence or reckless disregard, courts may award punitive damages to punish the provider and discourage similar conduct. Additionally, Indiana law permits wrongful death compensation when a telehealth error directly results in a fatal outcome.
These damages are not automatic. They require clear and convincing evidence and must meet strict legal thresholds under state statutes.
What Is the Deadline to File a Telemedicine Lawsuit in Indiana?
Deadlines are one of the most important factors in any Indiana malpractice claim, including those involving telemedicine. If you miss the filing window, you may lose your right to sue, even if the provider was clearly negligent. Indiana law sets strict time limits, though a few narrow exceptions may apply.
Statute of Limitations (2 Years)
Under Indiana Code § 34-18-7-1, patients generally have two years from the date of the malpractice incident to file a claim. In limited situations, the clock may start when the injury is discovered, not when the telehealth visit occurred. If you miss this deadline, the court will almost always dismiss your case, regardless of its merits.
Exceptions for Minors and Disabilities
Indiana allows certain exceptions to the standard two-year rule. These may apply when:
- The patient is a minor.
- The patient has a mental or physical disability.
- The injury wasn’t immediately discoverable through reasonable diligence.
These exceptions are narrow and strictly interpreted by Indiana courts. Legal review is essential to determine if your situation qualifies.
Pre-Suit Notice Requirements
Before filing a malpractice claim in Indiana, patients must submit a formal Notice of Intent to the Indiana Department of Insurance. This notice must be:
- Properly served on all defendants.
- Delivered within the statute of limitations.
Failure to file or serve this notice on time can result in dismissal even if all other parts of your case are valid. It’s a mandatory step under state law.
How Do Telemedicine and Telehealth Differ Legally and Practically?
Under Indiana law, telemedicine and telehealth are not the same. Telemedicine involves clinical care, while telehealth refers to a broader set of digital health services. These differences affect licensing, liability, and malpractice risk.
| Aspect | Telemedicine | Telehealth |
|---|---|---|
| Definition | Remote clinical care (e.g., diagnosis, prescriptions, treatment). | Broad digital health services, including education, monitoring, and administrative support. |
| Legal Risk | Higher malpractice exposure due to patient-specific medical decisions. | Lower liability risk since services are often non-clinical. |
| Licensing | Providers must hold an Indiana medical license to treat patients in Indiana. | May include non-licensed health staff offering support or education. |
| Insurance Coverage | Typically covered under Indiana parity laws when medically necessary. | Coverage varies; some services may not qualify for malpractice liability protection. |
Scope of Services Compared
The type of services provided whether clinical or non-clinical, determines the level of malpractice risk and legal responsibility.
- Telemedicine: It includes clinical tasks such as virtual exams, diagnosis, prescription management, urgent care consultations, and chronic condition follow-ups. These involve direct medical judgment and carry the risk of malpractice exposure.
- Telehealth: It includes services like remote patient monitoring, wellness coaching, fitness or nutrition apps, and care coordination. These functions support care but usually do not involve treatment decisions or malpractice risk unless clinical boundaries are crossed.
Licensing and Legal Implications
Under Indiana law:
- Telemedicine providers must be licensed in Indiana to legally treat patients in the state.
- Out-of-state clinicians treating Indiana patients without proper licensure violate state law and may face legal action.
- Telehealth services may involve non-clinical staff, but once medical decisions are made, licensure is required, and liability may arise if harm results.
Billing and Insurance Treatment
Insurance coverage for virtual care in Indiana depends on whether the service is clinical (telemedicine) or non-clinical (telehealth).
- Telemedicine visits are typically covered by Indiana insurers under telehealth parity laws, especially when medically necessary.
- Telehealth services like coaching or monitoring may receive partial or no reimbursement, depending on the insurer and service type.
- Most malpractice insurance policies focus on direct patient care, so coverage for non-clinical telehealth activities may be limited or excluded.
Why Are Telemedicine Malpractice Cases More Complex?
Telemedicine malpractice cases present unique legal and technical challenges. Factors like multi-state licensure, communication barriers, and the absence of physical exams make it more difficult to establish liability compared to in-person care.
Cross-State Licensing Issues
Licensing laws vary by state, and virtual care often crosses state lines.
- A doctor may treat a patient in Indiana while being licensed in another state.
- This raises questions about which state’s laws apply and whether the provider was legally authorized to practice.
- Establishing liability may require examining licensure reciprocity agreements and jurisdictional authority.
Remote Communication Barriers
Virtual care depends on reliable technology, but tech failures can affect patient safety.
- Poor video quality, audio lag, or missing records can lead to misunderstandings or incomplete assessments.
- These gaps may raise questions about whether harm resulted from medical error or system failure.
- Proving negligence becomes more difficult when communication is unclear or undocumented.
Lack of Physical Evidence
In telemedicine, the absence of a physical exam limits diagnostic accuracy.
- Doctors can’t conduct hands-on assessments like reflex checks, heart or lung exams, or visual inspections.
- As a result, key symptoms may be missed, especially in complex or time-sensitive conditions.
- Attorneys must rely on digital records and expert reviews instead of traditional clinical findings, making evidence harder to collect and present.
How Telemedicine Malpractice Lawsuits Are Handled by Indiana Courts
Telemedicine malpractice cases in Indiana follow a structured legal process. Before a case can go to trial, it must meet specific procedural and evidentiary requirements.
Here are the key components that shape how these cases are evaluated in court:
- Applicable Case Law and Precedents: Indiana courts apply existing malpractice rulings to telemedicine disputes. Judges use prior decisions to determine how virtual care fits within established legal and clinical standards.
- Expert Affidavit Requirements: A sworn affidavit from a qualified medical expert is usually required to support the claim. The expert must confirm that the provider’s actions fell below the accepted standard of care.
- Role of the Indiana Medical Review Panel: Before filing a lawsuit, most malpractice claims must be reviewed by a panel of licensed medical professionals. The panel’s opinion often plays a critical role in determining whether the case proceeds to court.
FAQs About Telemedicine Malpractice Lawsuits in Indiana
Can I Sue a Doctor for a Misdiagnosis During a Video Visit?
Yes, you can sue a doctor for a misdiagnosis during a video visit if it caused harm. To sue, you must prove the provider failed to meet the standard of care during the virtual consultation.
Are Telehealth Doctors Licensed in Indiana?
Yes, telehealth doctors are licensed in Indiana. To legally treat Indiana patients, telehealth doctors must hold an active Indiana medical license. Practicing without one violates Indiana law and exposes providers to liability.
What’s the Difference Between a Bad Outcome and Malpractice?
The difference between a bad outcome and malpractice is that malpractice involves a breach of duty. A bad outcome can happen with proper care; malpractice requires proof of negligence that caused harm.
Can I Get a Copy of My Virtual Visit Records?
Yes, you can get a copy of your virtual visit records. Under Indiana law and HIPAA, patients have the right to access telemedicine chat logs, video summaries, and treatment notes upon request.
Can I Sue If My Telehealth Appointment Was Rushed or Cut Short?
You can sue if your telehealth appointment was rushed or cut short and the provider’s negligence caused harm. To sue, you must show that missed symptoms or a lack of follow-up breached the standard of care.
Is There a Difference Between Emergency and Non-Emergency Telemedicine Malpractice?
The difference between emergency and non-emergency telemedicine malpractice is in urgency. Emergency cases require immediate action; non-emergency cases are judged on standard care timing and appropriate medical response.
How Do I Report a Telemedicine Provider for Medical Negligence?
To report a telemedicine provider for medical negligence, file a complaint with the Indiana Medical Licensing Board. You can also pursue legal action through an experienced malpractice attorney.
Final Legal Considerations After Experiencing Telemedicine Negligence
Telemedicine has introduced new questions around evidence, licensure, and accountability, but the legal standards guiding malpractice remain largely the same.
At Langer & Langer, we’ve seen that many telemedicine cases involve familiar legal issues, now framed by digital records, remote communication, and evolving care models.
As Indiana courts interpret these modern cases through established legal principles, following how those interpretations develop can provide useful context for patients seeking to understand their rights in virtual care settings.
