Did a video or phone medical visit lead to an injury in Peachtree Corners, GA?
At Moriarty Medical Malpractice Lawyers, we provide recognized telemedicine malpractice representation for injured clients throughout Peachtree Corners.
If a provider who treated you by video, phone, or an online portal failed to recognize a serious condition, we can obtain the visit records and platform data, determine whether an in-person evaluation was required, and pursue compensation for the harm that followed. Moriarty Medical Malpractice Lawyers handles claims against physician groups, urgent care services, and health systems that offer virtual visits.
Our Peachtree Corners, GA telemedicine malpractice lawyer can tell you whether the records support a claim and how the contingency fee would work. Reach our office to discuss what happened during your virtual visit.
Telemedicine Malpractice Lawyer Peachtree Corners, GA
A telemedicine malpractice claim arises when a provider treating a patient by video or phone departs from accepted care and the patient is injured. Georgia holds licensees who practice by electronic means to the same standard of care that applies to in-person treatment.
About 94.6 percent of Gwinnett County households have a broadband internet subscription, according to Census QuickFacts. Nationally, 37.0 percent of adults used telemedicine in 2021, based on NCHS survey data. A Peachtree Corners telemedicine malpractice attorney can determine from the records whether the remote provider had enough information for a safe decision.
Types of Telemedicine Malpractice Cases We Handle in Peachtree Corners
Virtual care now reaches primary care, urgent care, behavioral health, and follow-up after surgery. As telemedicine malpractice lawyers in Peachtree Corners, we handle claims arising from each of these forms of remote treatment.
- Missed diagnoses during video visits. Chest pain, abdominal pain, and neurological symptoms can signal emergencies that a camera cannot fully assess. Diagnostic errors are among the telehealth safety concerns identified in patient safety research.
- Failure to require an in-person exam. When symptoms call for a physical examination, imaging, or lab work, a remote provider must direct the patient to that care.
- Prescribing errors. A medication ordered after a brief virtual visit can be inappropriate when the provider lacks an accurate medication list or allergy history.
- Remote monitoring failures. Remote monitoring devices can transmit vital signs and other readings to a provider. Alerts that no one reviews can delay treatment for a worsening condition.
- Incomplete history and records. A provider who treats a new patient without reviewing prior records may miss a known condition or a dangerous drug combination.
- Technology and documentation failures. Dropped connections, poor video quality, and missing visit notes can leave gaps that affect later care.
- Follow-up and referral breakdowns. Remote providers must arrange timely follow-up and specialist referrals when a patient’s condition requires them.
- Hospital negligence. Hospitals may rely on remote specialists and tele-ICU monitoring for part of a patient’s care. Delayed remote assessments can contribute to harm inside the facility.
- Birth injury. A virtual prenatal or postpartum appointment can overlook rising blood pressure, reduced fetal movement, or signs of infection that call for an office or hospital visit.
- Wrongful death medical malpractice. An emergency missed during a remote visit can prove fatal, and surviving relatives can pursue a claim for the death.
Why Choose Moriarty Medical Malpractice Lawyers as My Telemedicine Malpractice Lawyer in Peachtree Corners, GA?
No Fee Unless We Recover Compensation
We handle telemedicine claims on a contingency basis, and the first consultation is free. Clients pay no attorney fee unless we recover compensation, so an injured patient can pursue a claim without hourly legal bills. We start by obtaining the visit records and a medical review before recommending whether to proceed. Daniel J. Moriarty represented physicians and hospitals for six years before he began handling claims for injured people in 2018. He studied at the University of Notre Dame, graduating with honors, and received his law degree from UT Austin. Securing platform data and a physician’s review before a claim is filed is the groundwork you should expect from a medical malpractice lawyer in Peachtree Corners, GA.
Results for Clients Across Georgia
Since 2019, the total recovered for our clients has exceeded $200 million, with results spanning medical and dental malpractice claims.
- $20 million resolved through settlement
- Medical negligence claim resolved for $9 million
- A $4.5 million recovery after a medical error
Results in past matters depend on the evidence and injuries specific to those clients. They do not guarantee what a telemedicine claim will be worth, and each case receives its own evaluation.
What Is Important to Understand About a Telemedicine Malpractice Case?
What Are Important Aspects of a Telemedicine Malpractice Case?
A virtual visit that ends without a diagnosis is not automatically negligent. The claim depends on whether the information available during the visit should have prompted a different decision.
- The visit recording, chat messages, and clinical notes, including when each entry was made
- Platform logs that show connection problems or dropped calls
- Whether the provider had the patient’s history, medication list, and prior records
- The instructions given about when to seek emergency or in-person care
- Later records showing what an in-person evaluation found, such as necrotizing fasciitis that looked minor on camera
- Whether the reported symptoms required a hands-on assessment that video could not provide
What Is the Telemedicine Malpractice Case Timeline?
O.C.G.A. § 9-3-71 generally allows two years from the injury to file a telemedicine malpractice lawsuit. Once five years have passed since the virtual visit or other negligent act, no claim may be filed.
- Promptly requesting the platform data, portal messages, and visit records
- A physician familiar with remote care reviews the visit at the request of our Peachtree Corners, GA telemedicine malpractice attorney
- Identifying every responsible entity, including the telehealth company and the physician group
- Filing the lawsuit and taking depositions of the remote provider and platform staff
- Resolution by agreement, mediation, or verdict
Damages, Liability, and Compensation for Telemedicine Malpractice Cases
Liability in a telemedicine case follows the same negligence principles as in-person care. The patient must show a departure from the standard of care that caused an injury. Many virtual visits end with instructions rather than tests, so the gap between what was documented and what the symptoms required can become the central question.
Harm from remote diagnostic errors can appear days after the visit, once the condition has progressed. Damages may cover emergency treatment, hospitalization, rehabilitation, and lost income, along with physical pain and reduced quality of life. A delayed response to stroke symptoms described during a video visit can leave permanent deficits that require years of therapy. Medication mistakes made without an accurate history can lead to organ damage or dangerous interactions.
Georgia’s comparative fault statute, O.C.G.A. § 51-12-33, lowers an award in proportion to the patient’s share of responsibility. A patient found at least half responsible recovers nothing. Providers sometimes argue that a patient ignored instructions to seek in-person care, so the exact wording of those instructions matters.
What Should You Bring to Your Telemedicine Malpractice Consultation?
Much of the evidence in a telemedicine case exists only in electronic form.
- Screenshots or copies of portal messages and visit summaries
- Appointment emails or texts showing the date and time of each visit
- Prescriptions issued after the visit
- Records from the emergency room or clinic where the condition was later identified
- The names of any monitoring devices you used and the readings they recorded
At the consultation, we will review the sequence of your virtual and in-person care and point out any signs of medical malpractice the records show. When platform data is missing from what you received, we can request it from the telehealth company.
Reach Out to Moriarty Medical Malpractice Lawyers to Schedule a Consultation
If a virtual visit failed to identify a serious condition, our Peachtree Corners telemedicine malpractice lawyer can review the circumstances without a consultation fee. Fees at Moriarty Medical Malpractice Lawyers are contingent, so a telemedicine client owes our firm no attorney fee unless the case produces a recovery. We will explain the two-year filing period and the records to gather from your provider’s portal. Contact us to schedule a time to talk.