What Is Telemedicine? A Guide to Telehealth & Medical Malpractice Insurance

Telemedicine and telehealth services use the internet to deliver health care to patients virtually. Instead of visiting a clinic, patients connect with their doctors online for routine diagnoses, prescriptions, and monitoring, either via audio, or perhaps more typically, via video.

Telemedicine has completely changed the way patients receive care, especially in rural areas without local hospitals or clinics. It’s cost effective for both patients and providers, helping busy patients get the services they need quickly.

During the coronavirus disease (COVID-19) pandemic, telehealth and virtual care options became essential for public health efforts, rapidly expanding to minimize disease transmission and ensure continued access to healthcare.

However, healthcare providers also need to be aware of the risks that come with offering telemedicine services. For example, implementing telecommunications technologies opens providers up to cybersecurity risks. Additionally, providers are still vulnerable to malpractice lawsuits when providing telehealth services.

In this article, we’ll break down the advantages and disadvantages of telemedicine, how it works, and best practices to help you adapt to this new mode of health care.

What Is Telemedicine?

Telemedicine is when medical professionals provide care remotely using internet connectivity. This includes online medical consultations, diagnoses, and remote monitoring for chronic conditions. As technology advances, healthcare providers and researchers are finding many new applications for telemedicine.

Telemedicine vs. Telehealth

The terms “telemedicine” and “telehealth” are often used interchangeably, but they have slightly different meanings. The telemedicine definition refers specifically to medical care and clinical services delivered remotely online.

Telehealth is a broader term that includes telemedicine, but also includes any other healthcare-related services provided online. For example, diet advice given by a nutritionist through mobile apps would be a type of telehealth, but is not technically telemedicine. Online training and continuing education for healthcare professionals are also forms of telehealth.

How Does Telemedicine Work?

During a telemedicine appointment, patients communicate with a health care provider in real time. This process happens through a secure website or app to protect the patient's personal health information and adhere to HIPAA.

In many ways, a telemedicine appointment is similar to an in-person appointment. Patients tell their providers about their symptoms and concerns. The health care provider then asks questions and makes recommendations for care.

Patients who have difficulty with technology may ask a family member to help set up their virtual visit.

In some cases, telehealth is combined with in-person services. For example, a doctor may recommend in-person diagnostic tests based on the symptoms the patient reports. In this case, a patient would visit a local lab after their telemedicine appointment to provide blood or urine samples. Even when some in-person services are required, using telemedicine still makes the healthcare process more efficient.

Telemedicine makes it easier for patients to seek care, especially when facing barriers to in-person visits.

Telehealth & Telemedicine Delivery Methods

There are several possible delivery methods for telehealth services. Here are some of the ways that providers are offering remote health services.

  • Video call: This is one of the most common telemedicine delivery methods. In this scenario, the patient has a virtual visit with their provider using a secure video call. Video chats are a common tool for virtual visits, making it easy for patients to connect with their providers from home. The visit is very similar to an in-person appointment, but the patient remains in the comfort of their own home.
  • Voice call: Secure voice calls are a good alternative for patients who do not have access to video cameras. However, this approach doesn’t work for all healthcare services, as the provider can’t see the patient’s physical condition.
  • Instant messaging: Text-based chat is an efficient way for providers to offer routine treatment. Patients can message with their doctors and send pictures when they have a non-urgent medical concern. Instant messaging is also a helpful alternative to urgent care for acute issues like ear infections and urinary tract infections.
  • Mobile apps: There are many mobile apps that provide remote telehealth services, such as mental health care, nutritional advice, and other patient education. With these apps, patients can access health care services on demand.
  • Remote monitoring devices: Wearable devices and other remote devices have become a popular telemedicine tool for patients with chronic conditions. Patients use blood pressure monitors, sleep monitors, glucometers, and more to track their symptoms. These remote devices send this health data directly to their physician, who analyzes it and makes appropriate medical recommendations.

A nurse practitioner can also use these telehealth methods to provide care remotely, including prescribing medications and offering medical advice through virtual visits.

Popular Use Cases for Telemedicine

Here are some scenarios where healthcare organizations are switching from in-person appointments to telemedicine:

  • Monitoring for chronic diseases: With the help of wearable devices, providers can monitor blood sugar levels for patients with diabetes, or monitor blood pressure levels for patients with cardiovascular conditions. Ongoing monitoring helps doctors catch small abnormalities before they escalate into more serious problems.
  • Prescription refills: Instead of visiting a doctor’s office, patients can answer a few questions online to get their prescriptions refilled. This approach helps prevent missed doses that can lead to more serious complications.
  • Routine check-ups: Some primary care providers offer virtual visits for check-ups, especially for patients with no underlying health conditions. A primary care provider can also coordinate virtual visits and share information with specialists to ensure continuity of care. However, some patients may still need an in-person visit with a physical exam.
  • Reviewing lab results and diagnostic images: Instead of going into an office, providers can schedule a video call with patients to review their diagnoses and suggest next steps. Exam notes and test results can be shared electronically between providers to facilitate faster and more efficient care.
  • Post-surgery follow-ups: After surgery, patients may not have the energy to go into a medical office. Telemedicine helps them get follow-up care from the comfort of home. In general, telemedicine doesn’t increase complication rates postoperatively, making it a low-risk way for patients to get continuing care.
  • Mental health care: There are many apps that help patients connect with therapists and social workers online. These apps provide a more affordable alternative to seeing a therapist in person.
  • Specialists: Many specialists use telehealth to handle referrals and intake, speeding up the process for patients that need this in-demand care.

Other health care providers, such as therapists or nutritionists, can also deliver care remotely through telehealth platforms.

Skin conditions are an example of health issues that can be effectively managed through telemedicine, reducing the need for in-person appointments.

Personal health records in telehealth systems can store critical information such as drug allergies, ensuring emergency staff have immediate access when needed.

Telemedicine improves patient care by making healthcare services more accessible and efficient.

There are some scenarios where telehealth services aren’t a safe or viable option for treatment. For example, medical emergencies should always be addressed in person. There are also some conditions that require physical evaluations, lab tests, and imaging.

Remote Monitoring in Telemedicine

Remote monitoring has become a cornerstone of modern telemedicine, transforming how healthcare services are delivered and managed. Through remote patient monitoring, healthcare providers can track vital health metrics—such as blood pressure, heart rate, and blood sugar—without requiring patients to make an in-person visit to a medical office. This approach is especially valuable for patients managing chronic conditions, as it allows for continuous oversight and timely intervention.

Using telehealth technology, patients can use remote monitoring devices that connect to a mobile device or computer. These devices collect and transmit real-time health data directly to their healthcare provider, enabling more proactive and personalized treatment. For example, a patient with diabetes can regularly send blood sugar readings, while someone with hypertension can share daily blood pressure measurements. This immediate access to health information helps providers detect potential issues early and adjust treatment plans as needed, improving patient outcomes and reducing the risk of complications.

The benefits of remote monitoring in telemedicine are significant. It offers improved access to healthcare services for patients in rural areas or those with limited mobility, eliminating the need for frequent travel. Healthcare providers can deliver more tailored care, using up-to-date data to make informed decisions. Additionally, remote monitoring can help reduce healthcare costs by minimizing unnecessary hospitalizations and emergency visits, making it a cost effective solution for both patients and providers.

However, there are challenges to consider. Insurance restrictions may limit coverage for remote monitoring services, requiring patients to pay out-of-pocket in some cases. Reliable internet access is also essential for transmitting health data, which can be a barrier for patients in remote areas. Despite these obstacles, the American Telemedicine Association and other health resources continue to advocate for broader adoption and improved coverage of remote monitoring as part of comprehensive telehealth services.

For healthcare providers, it’s crucial to ensure that malpractice insurance and insurance policies include coverage for telemedicine and remote monitoring services. This protects providers from potential risks associated with remote care, such as data breaches or missed diagnoses due to technology failures.

As telehealth use continues to expand, remote monitoring will play an increasingly vital role in delivering high-quality, patient-centered care. With ongoing advancements in telehealth technology and growing support from organizations like the American Telemedicine Association, remote monitoring is set to further improve access, efficiency, and outcomes in healthcare—helping providers deliver better care to more patients, wherever they are.

Why Is Telemedicine Becoming More Popular?

As information and communications technologies have advanced, telemedicine services have become more accessible and more popular. Modern video and instant messaging tools make online care an efficient and cost-effective solution, especially for rural or immunocompromised populations.

Telemedicine has existed for decades, gradually developing alongside advancements in telecommunications technology. The earliest telemedicine programs started in Europe in the early 1900s, using telephones to transmit heartbeats. As the internet developed, telemedicine evolved to include online messaging and video appointments.

The adoption of telemedicine increased significantly during the COVID-19 pandemic, jumping from 15.4% in 2019 to 86.5% in 2021, a dramatic rise compared to the previous year. With restrictions on in-person visits and concerns over virus transmission, providers and patients turned to telehealth as a viable alternative.

During this time, governments around the world adjusted regulatory standards to allow for more telehealth services. Additionally, many insurance providers and healthcare organizations began to provide telehealth options, expanding coverage and access to remote care.

Although COVID-19 has since become endemic, healthcare providers are continuing to offer telemedicine due to its cost effectiveness and time savings. Many of today’s healthcare providers are juggling large patient loads, but telehealth tools allow them to serve more people without working longer hours.

What Are The Advantages & Disadvantages of Telemedicine?

Telemedicine offers many benefits for patients and providers, but there are also some downsides to be aware of before adopting new technology. Here are some of the telemedicine benefits and disadvantages to know.

Advantages of Telemedicine

The advantages of telemedicine include:

  • Improved access to care: With telehealth services, patients in underserved areas can access care from specialists that they wouldn't otherwise receive. Telehealth also makes it easier to get second opinions when needed.
  • Convenience and efficiency: Patients can receive care without leaving their homes, eliminating travel time. Patients get the medical services they need with minimal disruption to their routines, while providers can complete appointments more quickly.
  • Cost savings: Both providers and patients save money on transportation and facility costs. Some telehealth services are also cheaper than in-person appointments, making care more accessible to low-income patients.
  • Continuity of care: Telemedicine makes it easy for patients to check in with their doctor from any location. This makes it easier to get follow-up care after surgery or manage chronic disease more effectively.
  • Reduced exposure to infectious disease: For some patients with weakened immune systems, going to the doctor in person is a risk. Telehealth services help them access the care they need without exposing themselves to disease. This was a huge benefit during the COVID-19 pandemic, as it limited the spread of the illness.

Disadvantages of Telemedicine

While telemedicine offers many convenience and safety benefits, it also comes with some risks. So what are the disadvantages of telemedicine? These include:

  • Technology barriers: Not all patients have access to reliable internet or digital devices. Older adults are most likely to face challenges in adopting telehealth technologies.
  • Limitations in diagnosis and treatment: A physical examination is sometimes necessary for accurate diagnosis and effective care, but it cannot be performed remotely. Physical exams, lab tests, and certain procedures require in-person visits. In these cases, patients must seek in-person treatment to avoid negative health outcomes.
  • Regulatory and licensing issues: Providers must navigate state-specific licensing laws to treat patients across state lines.
  • Data privacy concerns: Handling patient data remotely increases cybersecurity risks and HIPAA compliance challenges.
  • Insurance and reimbursement challenges: Not all insurers cover telehealth services equally, and reimbursement rates can vary.

Telemedicine Security Regulations & Concerns

Health care organizations are popular targets for cyberattacks thanks to the sensitive medical information they store. These cyberattacks have the potential to put millions of patients at risk. For example, the Change Healthcare data breach in 2024 is estimated to have affected over 192 million people.

Hackers often use techniques like phishing and ransomware to gain access to digital health care systems. When this happens, it exposes patients' medical records and other personal information, which can put them at risk for identity theft. These attacks are also financially devastating for providers, often resulting in millions of dollars of losses. Finally, healthcare providers can be held legally liable for cyberattacks in many situations, which can negatively affect your career trajectory.

When offering telehealth services, providers need to adhere to relevant cybersecurity and privacy regulations. These include:

  • HIPAA: This regulation was established in 1996 and set the standard for healthcare privacy and security in the United States. It requires providers to maintain patient confidentiality, implement extensive security safeguards, and notify regulatory bodies of data breaches in a timely manner.
  • HITECH Act: This legislation was passed in 2009 and expands on HIPAA's initial requirements. It incentivizes healthcare organizations to use secure electronic records rather than paper ones, and increases the penalties for data breach violations.
  • State regulations: Many US states have their own data privacy laws for local businesses that are stricter than federal regulations. For example, healthcare providers in California must adhere to the California Consumer Privacy Act, which gives consumers control over their personal data and how it's collected and shared.

Failing to adhere to these regulations could lead to future fines and legal action, especially in the event of a data breach.

To prevent attacks, telehealth providers should follow cybersecurity best practices, including:

  • Encrypt sensitive data: Both patient records and internal data should be stored on encrypted systems to keep them safe from hackers.
  • Conduct regular updates: Cybercriminals often exploit vulnerabilities in outdated systems. Update both hardware and software on a regular basis to maintain security.
  • Use multi-factor authentication for telehealth: In addition to a password, require patients to enter one-time codes sent to their phone or email to log in. This way, even if their password is compromised, hackers cannot break into your system.
  • Provide training: Everyone in your organization, from doctors to nurses to administrative staff, should receive periodic training on cybersecurity best practices.
  • Be transparent: Let telehealth patients know when their data is being collected and how it is being used.

Telemedicine Costs for Patients & Providers

For patients, telehealth services are often cheaper than in-person appointments. On average, telehealth visits cost between $40 and $90 per visit. Many insurance companies now provide coverage for telehealth services, which can reduce the cost even further.

Studies indicate that healthcare providers save money on operational costs by offering telemedicine appointments. This is due to a number of factors, including lower building costs, limited need for support staff, and the ability to see more patients each day. Many providers pass these savings on to their patients.

However, the exact cost of telemedicine varies depending on your provider and the specific services you need. For example, if you're seeing an in-demand specialist, the appointment cost may be similar to what you'd pay in person.

For healthcare providers, offering telemedicine services comes with a significant upfront investment for new technology, staff training, licensing, and insurance. For example, you may need to add a cyber liability clause to your malpractice insurance policy, or get re-licensed to treat patients in multiple states. However, these upfront investments can lead to higher revenue in the long term.

Telemedicine & Medical Malpractice

Telemedicine introduces unique liability risks for physicians that can lead to medical malpractice cases. Some of the most common telemedicine malpractice cases involve:

  • Misdiagnosis or delayed diagnosis due to limited physical exams, which can make it harder to identify critical health conditions.
  • Technical failures that impact communication, such as poor video or audio quality, leading to misunderstandings between patients and providers.
  • Informed consent issues where patients may not fully understand telemedicine’s limitations, potentially resulting in unmet expectations or improper treatment decisions.
  • Breaches of confidentiality due to data security vulnerabilities, which can expose sensitive patient information to cyber threats and unauthorized access.

Providers need to be aware of these telehealth malpractice risks before offering these services.

Does Malpractice Insurance Cover Telemedicine Cases?

Yes, many providers offer malpractice insurance for telehealth, but coverage varies significantly based on your practice type and the specific services you offer. Telemedicine malpractice insurance costs also vary based on your risk levels and the amount of coverage you purchase.

If you offer telemedicine services as part of your practice, review your policy thoroughly before signing to make sure you are covered. Your insurance provider may require you to submit information about your HIPAA and cybersecurity compliance strategy as part of your application. Keep in mind that even offering brief video consultations or instant messaging is a form of telehealth and requires appropriate telehealth malpractice insurance.

How to Minimize Telemedicine Malpractice Risks

Medical malpractice insurance for telemedicine can protect you financially in the event of a lawsuit. However, it's also important to take steps to prevent malpractice incidents. Here's how to minimize your risk of malpractice incidents while offering telehealth services.

  • Establish telemedicine protocols: Create guidelines that specify when telemedicine is appropriate and how to use it so there's no ambiguity for your team.
  • Get licensed in multiple states: If you plan to offer care for patients in other states, make sure you meet telehealth licensing requirements for that state to avoid legal issues.
  • Use secure platforms: All telehealth services should be provided through HIPAA-compliant platforms and secure Wi-Fi networks. If you're unsure which platforms meet these requirements, talk with your malpractice insurance provider for guidance.
  • Obtain consent: Provide information about how telehealth works and the risks it poses to patients and their family. Have them sign a tailored informed consent form to limit your financial liability.

Real-Life Telemedicine Malpractice Cases

Telemedicine has significantly expanded healthcare access, but it also presents unique challenges that can lead to malpractice claims. Here are some notable real-world cases of medical malpractice in telemedicine:

Misdiagnosis in Teleradiology: A retrospective analysis published in Radiology in April 2024 examined teleradiology malpractice cases. The study found that these cases more frequently involved patient deaths and had higher median indemnity payments compared to traditional radiology cases. Communication issues were also more prevalent in teleradiology-related claims. Using remote monitoring systems could help prevent some of these radiology mistakes moving forward.

Medical internet research has shown that telehealth can reduce hospitalizations and improve patient outcomes, supporting the effectiveness of digital health interventions.

Legal Challenges in Telemedicine Prescriptions: Dr. Margaret Carpenter faced legal action from the state governments of Texas and Louisiana for prescribing abortion medication via telemedicine to patients in those states. These cases highlight the complexities and legal risks associated with telemedicine, especially when state laws differ significantly. Implementing clear legal guidelines can help prevent this type of malpractice for telemedicine providers.

Unauthorized Prescription Practices: In November 2024, the telehealth company Cerebral agreed to pay $3.65 million to resolve a federal investigation into the unauthorized distribution of controlled substances, including Adderall. The company was accused of promoting high prescription rates without proper medical oversight, leading to potential misuse and highlighting the importance of adhering to strict prescribing guidelines in telemedicine.

The Future of Telemedicine

As secure video and messaging technology becomes more accessible, we're likely to see more healthcare providers add telemedicine to their offerings. Wearable health devices are becoming more accurate and more sophisticated, which means that remote patient monitoring will likely become more common moving forward.

Some organizations are also exploring the possibility of remote robotic-assisted procedures for surgeries. In this scenario, the surgeon would operate the robot remotely, using a built-in video feed to guide the procedure. This would give patients in rural areas access to life-saving surgeries that require specific expertise. FDA trials have started on this technology for prostatectomy.

AI technology is also likely to affect telemedicine jobs for physicians in the future. For example, AI could help with patient scheduling, charting, and other repetitive tasks, helping providers complete more appointments each day.

However, providers will need to be cautious about the risks of AI telehealth and malpractice. If you use AI for telehealth services, you will need to review its output consistently for errors and hallucinations. You'll also need to be very diligent about HIPAA compliance and avoid sharing patient information with unsecured AI models.

Protect Your Practice With Indigo

Offering telemedicine services can help you reach rural patients, immunocompromised patients, and any other group that struggles to make in-person appointments. However, it's essential to understand the risks of telemedicine and malpractice and make sure you have the appropriate safeguards in place.

Indigo offers comprehensive medical malpractice insurance for telemedicine providers. This includes cyber liability coverage to protect you in the event of a cyber attack. Our AI-powered quoting engine offers fair pricing that is tailored to your practice.

Get a quote today to get started.

Image by Toowongsa Anurak from iStock.

Disclaimer: This article is provided for informational purposes only. This article is not intended to provide, and should not be relied on for, legal advice. Consult your legal counsel for advice with respect to any particular legal matter referenced in this article and otherwise.

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