Medical Negligence in Telemedicine: A Legal Perspective

Telemedicine is the technology to provide remote delivery of the healthcare services such as consultation, diagnosis, treatment, etc., to the individuals. It is done through telecommunication technology such as video call, audio calls, messaging. It will help in providing the services, especially in rural or underserved areas, while maintaining patient-provider communication and continuity of care. Medical negligence in telemedicine is an emerging area of concern as healthcare increasingly shifts toward virtual platforms. In order to attract the liability under medical negligence, various essentials such as duty of care, breach of duty, causation and damages must be fulfilled. This paper aims to analyse various legal and ethical challenges that could be faced by the individuals in the process of telemedicine. This research paper was created using the doctrinal approach of research. In order to comprehend, analyze, and organize the law, this research style focuses on analyzing legal doctrines, legislation, case laws, and legal principles. The medical negligence in telemedicine could be in several ways such as misdiagnosis or delayed diagnosis, lack of informed consent, failure to refer the patient for in-person treatment, improper prescription or data breaches. These factors complicate diagnosis, treatment, and legal accountability in virtual healthcare settings, increasing risks for both patients and providers.