Of the 524 firms on our 92 city lists in the United States, Schochor, Staton, Goldberg, and Cardea, P.A. scores highest on malpractice focus, published results, client reviews and experience, followed by Hastings Law Firm and The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. Each firm keeps its best score from the cities it serves; open a city for its full list.
Best Telehealth Malpractice Lawyers in the United States
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This spot goes to one firm for a year. It's shown first, above everyone below, and labeled Featured.
4.8181 Google reviewsRated 4.8 out of 5 on Google from 181 reviews
Best for: Birth injury and hospital negligence
In its published cases, Schochor, Staton, Goldberg, and Cardea, P.A. describes oxygen deprivation during delivery and Erb’s palsy; it also publishes verdicts involving deaths after hospital care.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.6102 Google reviewsRated 4.6 out of 5 on Google from 102 reviews
Best for: Misdiagnosis and surgical injury claims
Among Hastings Law Firm's published results are a $19,750,000 failure-to-diagnose settlement and a $10,700,000 negligent-prescribing jury verdict. Because it focuses on malpractice and publishes those results, it tops this list.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
5.0216 Google reviewsRated 5.0 out of 5 on Google from 216 reviews
Best for: Delayed diagnosis and anesthesia injuries
An alleged delayed diagnosis of HSV encephalitis is behind the $11.65 million result published by The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. For negligent anesthesia care, it reports another result of $8 million.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.724 Google reviewsRated 4.7 out of 5 on Google from 24 reviews
Best for: Misdiagnosis and surgical injury claims
A $12 million misdiagnosis result stands out among the cases published by The Law Offices of Cardaro & Peek, LLC. For negligent surgery, it lists a $7.9 million result; for breast cancer misdiagnosis, it lists $7.1 million.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.7226 Google reviewsRated 4.7 out of 5 on Google from 226 reviews
Best for: Birth injury and delayed diagnosis
Among Wapner Newman Attorneys At Law's listed results are $8.4 million for brain injury after a delayed diagnosis and $7 million for birth trauma causing brain damage.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Telehealth malpractice lawyers by state
The rules change from one state to the next, so the lawyers near you are the ones to call.
Poor care during a virtual visit may be telehealth malpractice if it causes you harm. A missed diagnosis or treatment that went wrong may warrant a lawyer's review. Being disappointed with an appointment isn't enough for a claim. If you're worried about your care, save the visit records for a lawyer in your state to check whether the care caused your injury.
Your health comes first. If you still need medical attention, decide what care to seek without waiting for someone to look into your legal options. What the lawyer needs to know is whether the provider did something they shouldn't have done, or failed to act, and hurt you.
What telehealth malpractice means
Telehealth malpractice isn't a diagnosis of a medical condition. The person bringing a claim is questioning the care they received remotely, such as a diagnosis the provider missed or treatment offered at a virtual appointment that left the patient worried.
PBG Law's discussion of telemedicine claims describes a virtual visit where substandard care harms the patient. Harm must occur. A lawyer needs to examine your injury before considering a claim, because the fact that you received care through telehealth doesn't show that the provider did anything wrong.
What, exactly, are you worried about? Write down what you told the provider and how they responded, rather than stopping at the feeling that your appointment was rushed. Keep a later clinician's diagnosis with the virtual visit note if it differs from the earlier one. A different diagnosis alone doesn't establish that care was negligent.
How errors can arise in a virtual visit
D2 Trial Law's telehealth risk discussion warns that diagnoses can be missed or problems go unrecognized when care depends on technology. For a lawyer to review your appointment, you'll need to explain what information reached the provider and what the provider did after receiving it.
Describe any connection problem that got in your visit's way. Did the audio drop out as you explained your symptoms, for example, leaving the provider unable to hear, or did the visit end before you got instructions? Put it in writing. An interrupted visit isn't, on its own, proof of malpractice.
Be just as specific about treatment that concerns you. Save any instructions you received, even if they came in messages after the visit. If you think following the instructions harmed you, explain what you did and what happened after you followed them. Don't guess at what you can't remember.
Warning signs that deserve a closer review
A lawyer reviewing your care will compare what you reported with what the provider did to see where they may not line up. The visit note may leave out a symptom you told the provider about. A later diagnosis could also give you reason to question the provider's earlier assessment. Both need the surrounding details.
Point to the chart passage that doesn't match your account, then explain what you remember differently about it.
Write down when you received the later diagnosis if you think one was missed, and say which appointment you're concerned about.
If you believe treatment injured you, save the written instructions and tell the lawyer what injury you want them to examine.
If technology interrupted the visit, write down what information or instructions you think didn't get through.
Care can meet the applicable standard even when you suffer an outcome you hoped to avoid. PBG Law's definition requires harm caused by the substandard care. The lawyer needs evidence beyond your feelings about the visit, so being unhappy with what happened won't be enough on its own.
The standard of care
What the provider should have done in the circumstances is the question to ask about the standard of care. Ask the lawyer to identify the decision they question, then explain how that decision fell short of the standard. What did they fail to do that was needed?
You can't assume a visit needed to be in person just because it was virtual. But being remote doesn't excuse the care you received. According to The Liberty Company's telemedicine insurance FAQ, malpractice exposure is the same for telemedicine as for in-person care, though technology and care across state lines create additional risks.
Causation and harm
To show causation, the alleged error must connect to the injury. Did poor care cause the harm you're asking the lawyer to review, in plain terms? Just because you suffered an injury after the appointment doesn't mean you've answered that question.
When you describe the harm, keep it separate from the mistake. The lawyer needs to hear what happened afterward, even when your concern is a diagnosis. If you can, use the later medical record to explain what happened, noting anything you're not sure about.
The questions behind a telehealth claim review
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1.Care delivered
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2.Possible departure
3.Connection to harm
Write down dates and names while they're fresh.
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4.State-specific assessment
What published telehealth discussions establish
You'll find possible claims and risks in the law firm discussions below, but they don't establish that your provider was negligent. The Liberty Company's insurance discussion looks at something different. Providers offering telemedicine face added risks, which it discusses as part of their exposure to malpractice claims.
Published descriptions of telehealth malpractice and risk
A remote appointment can leave questions about where care took place. Write down where you were during the visit, then keep anything that shows where the provider was located. If you booked through a company, save its details too.
A company's website address won't tell you which state's law applies to your care. The Liberty Company points to license and privacy risks when care crosses state lines. Because the FAQ can't say which court could hear your claim, you'll need a lawyer to review what happened at your appointment.
Deadlines differ by state
You have a filing deadline set by the statute of limitations. That deadline depends on the state. To find a lawyer in your state, try the state pages and ask the lawyer what the filing rules mean for your claim.
A general telehealth article won't tell you when your own filing deadline falls. When you speak with the lawyer, give them the two dates they need: your appointment and when you first learned of the possible error. Could a timing requirement other than the deadline change what you need to do next? Ask the lawyer.
Ask about timing even if you haven't yet worked out everything that happened during your appointment. Are records still missing? Tell the lawyer which records you have in hand, then explain which ones you've requested.
What to do next
Keep the first review manageable. Rather than emailing your entire medical history, begin by describing the appointment that worries you. The lawyer needs to hear what actually happened, so include details that don't fit what you first thought about the care you received.
Prepare for a telehealth case review
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Save the visit record
Request the note from your virtual visit. Save messages containing treatment instructions from the patient portal, if that's how you received them, together with your appointment confirmation.
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Write your own account
What response did you get from the provider? Write it down. If you remember something differently from the chart, label it as your recollection so it's clear what the record actually says.
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Document what happened afterward
If later records concern the alleged injury, gather those too. As you explain why you think the virtual care harmed you, point out anything you don't know.
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Ask about location and timing
Tell the lawyer when the virtual visit took place and where you were at the time. Before relying on any deadline, ask the lawyer which state's rules govern your claim.
You can read Hospital & Nursing Negligence if the remote consultation took place while you were staying in a hospital. Describe the part of your care that worries you, rather than asking the lawyer to discuss telehealth as a whole.
Questions to bring to a lawyer
Ask what the proposed claim means, without the legal jargon. Before going further, make sure you understand which decision the lawyer questions and why they think it may have caused your injury. General comments about telehealth risks won't explain what happened in your appointment, so you'll need more than that.
What should we look at more closely in my appointment?
Where could we find a record showing care below the standard?
How did the alleged error cause my injury?
How do we know which state's deadline covers my appointment?
According to Arfaa Law Group's telemedicine malpractice page, an injury from inadequate telehealth treatment may give you grounds to seek compensation. It's a possibility, not a prediction about how your claim will turn out. When the lawyer reviews your records, ask what they show and what the lawyer still needs to look into.
You'll find general information here, not advice about your legal situation. A lawyer in your state can explain the rules to you and how they apply to your situation.
Can a virtual appointment lead to a medical malpractice claim?
Yes. If substandard care during a virtual visit harmed you, you may have a claim under the description of telemedicine malpractice that PBG Law gives. Receiving care remotely doesn't, on its own, make that care negligent. To assess a claim, the lawyer needs to review your care and check whether the mistake you're alleging caused the injury that worries you.
Is a missed diagnosis during telehealth automatically malpractice?
No. Failure to diagnose or recognize a problem appears on D2 Trial Law's list of telehealth risks. That list doesn't prove anything about negligence at your appointment. Ask a lawyer to review the virtual visit note alongside the later diagnosis record, looking at what they reveal about the earlier care and whether it caused the harm you suffered.
What records should I save after a possible telehealth error?
Keep the appointment confirmation along with a copy of the visit note. Once you've saved written treatment instructions and appointment messages, gather later records that concern the injury you're asking the lawyer to review. Don't mix in your recollection. If the chart describes symptoms differently from how you reported them, point that out so the lawyer can compare the accounts.
Which state's law applies to a telehealth malpractice claim?
Don't decide which law applies just by looking at the address of the provider's business. When the lawyer reviews who provided your care, ask them to take into account where you were during the appointment. The Liberty Company's telemedicine FAQ says license and privacy risks arise when care crosses state lines. That still doesn't tell you which law governs your own claim.
How long do I have to file a telehealth malpractice claim?
Your deadline depends on the state. To find out which statute of limitations covers your situation and what it means for you, ask a lawyer in your state. You can start with the state pages. Give the lawyer the appointment date, plus when you learned about the possible error; don't use a general article to work out the deadline yourself.
Can I seek compensation for an injury caused by telehealth treatment?
If inadequate telehealth treatment injured you, seeking compensation may be an option to discuss. Arfaa Law Group's telemedicine malpractice page discusses that possibility, but it doesn't mean anyone can promise you how your claim will turn out. Ask a lawyer to review the provider's actions, using your records to check whether that care caused the harm you suffered.
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