Telemedicine Misdiagnosis and Errors: How Virtual Care Is Creating New Malpractice Claims in Michigan

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Telemedicine has transformed how people across Michigan access healthcare. With just a few taps on your phone or clicks on your computer, you can now talk to a doctor, get a prescription, and receive follow-up care without leaving home. It’s convenient, cost-effective, and increasingly popular, particularly in rural areas or for people with mobility issues.

But with such convenience comes a new challenge: medical misdiagnosis. While virtual care can speed up access, it can lead to rushed assessments, missing information, or communication breakdowns. As a result, patients might be misdiagnosed, underdiagnosed, or improperly treated, all of which can lead to serious consequences.

When a telemedicine visit leads to harm, it can raise legal questions about medical negligence. What responsibilities do healthcare providers have during e-visits? Can you sue a virtual doctor for misdiagnosis? Let our qualified Grand Haven personal injury attorney elaborate on telemedicine misdiagnosis and what you should know if you’ve been affected.

What Is Telemedicine in Michigan?

Telemedicine refers to the use of electronic information and telecommunication technologies to support long-distance clinical healthcare, including real-time video consultations, phone calls, secure messaging, and remote patient monitoring. The state officially regulates telemedicine under the Michigan Public Health Code and requires that telehealth services meet the same standards of care as in-person visits.

Popular telemedicine platforms in Michigan include Teladoc, Amwell, MD Live, and e-visit services of major health systems. These platforms allow patients to consult with a physician through video chat, get a diagnosis based on self-reported symptoms, receive prescriptions electronically, or schedule virtual follow-ups, and often promise quick turnaround times, sometimes less than 15 minutes.

However, many telemedicine systems rely heavily on standardized forms, symptom checklists, and patient-reported data, especially during asynchronous visits, also known as e-visits, where a doctor reviews your message later instead of interacting with you live. The process creates potential gaps in patient evaluation. Without a physical exam or the ability to read body language and subtle cues, doctors might miss key symptoms.

Symptoms that might appear mild on screen can be early signs of severe conditions. For patients in Michigan, that’s a real concern, especially if the incorrect or delayed diagnosis leads to more harm or even life-threatening outcomes. If you’ve been hurt by a telemedicine misdiagnosis, it might be time to speak with a local Grand Haven personal injury attorney to find out your legal options.

Typical Telemedicine Errors

As telemedicine becomes more common, so do the mistakes tied to it. While many virtual doctors and nurses work hard to provide quality care, the limitations of technology and remote assessments can lead to serious errors. Here are some of the most common telemedicine missteps that could lead to medical negligence claims:

Infographic image of typical telemedicine errors

Failure to Order In-Person Tests

A major issue in telemedicine is when a provider relies solely on virtual information to make a diagnosis without ordering essential follow-up tests or referring the patient for an in-person evaluation. When a provider fails to take the next step, it can delay treatment and lead to worsened conditions, permanent damage, or even wrongful death.

Misreading Uploaded Images or Reports

Many telemedicine platforms allow patients to upload images of rashes, injuries, or test results. But when these images are blurry, poorly lit, or taken from the wrong angle, there’s a higher chance of misinterpretation. And if a provider misreads these visuals and fails to refer you to a specialist, the consequences can be serious.

Tech Glitches and Connection Issues

Dropped video calls, frozen screens, and audio delays can interrupt the flow of a medical consultation. These tech issues might seem minor but can cut short an important discussion or prevent a provider from noticing subtle symptoms. If your virtual visit ends abruptly, you might not get to explain everything you’re experiencing, and that can lead to the wrong diagnosis or no diagnosis at all.

Cross-State Licensure Lapses

Healthcare professionals who offer telemedicine services must be licensed in the state where the patient lives. If a provider practicing from another state doesn’t have a Michigan license, any care provided, even over video, can be considered unauthorized. And if you’re harmed due to their misdiagnosis, it can complicate your ability to file a valid personal injury claim

Proving Negligence in a Digital Setting

Proving medical negligence in a telemedicine case involves the same principles as a traditional malpractice claim. At the core is the question: Did the healthcare provider fail to meet the standard of care expected in a similar situation? In telehealth, the standard of care is based on what a reasonably competent provider would have done under similar digital circumstances. 

In essence, to prove medical malpractice, you generally need to show four things:

    • Duty 

The provider had a responsibility to offer competent care.

    • Breach 

The provider failed to meet that responsibility.

    • Causation 

That failure directly caused your injury or worsened your condition.

    • Damages 

You suffered actual damages, whether physical, emotional, or financial.

In a digital setting, the proof often relies on records of chat logs, video consultations, uploaded files, and time-stamped decision-making. For example, if a provider failed to follow up on alarming symptoms shared during an e-visit or didn’t properly assess a visible wound through a blurry image, those facts might be used to support your malpractice claim.

It’s important to act quickly since Michigan medical malpractice cases are subject to the statute of limitations, where you typically have two years from the date of the incident to file a claim. A competent Grand Haven personal injury attorney familiar with telemedicine misdiagnosis cases can help you gather the necessary records, consult with medical experts, and guide you through the legal process.

Get Answers from Michigan Malpractice Attorneys at Shafer Swartz, PLC

Telemedicine has changed the way healthcare works, but it hasn’t changed your right to safe, competent medical treatment. If you’ve experienced a telemedicine misdiagnosis that led to serious harm, let Shafer Swartz PLC help you. Our experienced Grand Haven personal injury attorneys know what it takes to hold providers accountable. Contact us today at (231) 722-2444 or here for a consultation. We’re here to listen, guide you through your options, and fight for the compensation you deserve.

DISCLAIMER: This blog is provided for general informational purposes only, and is not to be construed as legal advice. Every situation is different, and if you have been injured, please call (231) 722-2444 for personalized legal advice.