Understanding Telehealth and Medical Malpractice in Florida

The COVID-19 pandemic accelerated the adoption of new ways to deliver services, and healthcare was no exception. While telehealth has been available for years, its use surged as medical providers sought “contactless” methods to care for patients. A 2019 AMA study found telehealth was the fastest-growing “place of care,” increasing 53% from 2016 to 2017.

In Florida, telehealth is governed by Fla. Stat. § 456.47, passed in 2019. The law defines telehealth as the use of synchronous or asynchronous telecommunications technology by a provider to deliver health care services, including assessments, diagnoses, consultations, treatment, patient monitoring, medical data transfer, health education, public health services, and health administration. Importantly, the statute excludes audio-only calls, emails, or fax transmissions.

Telehealth services in Florida can be offered by a wide variety of healthcare providers, including physicians, osteopaths, chiropractors, nurses, pharmacists, dentists, optometrists, podiatrists, acupuncturists, and more. While telehealth offers convenience and broader access to care, it also introduces unique challenges and risks for both providers and patients.

Risks of Telehealth and Potential Medical Malpractice

As a relatively new technology, telehealth involves multiple platforms, varying practices, and potential technical issues. While it allows doctors to see more patients and reduce travel time, it can also create opportunities for miscommunication, inconsistent documentation, and conflicting hospital policies—any of which could harm patients. The novelty of the technology, combined with these factors, means telehealth presents new risks that could lead to medical errors or malpractice.

Can You File a Medical Malpractice Claim Against a Telehealth Provider?

Yes. Florida law requires telehealth providers to practice in accordance with their scope of practice and the prevailing professional standards applicable to in-person care. This means that if a telehealth provider causes injury or death by failing to meet the standard of care, they can be held liable for medical malpractice in Florida.

What Telehealth Providers Can Do Under Florida Law

Florida law allows telehealth providers to evaluate patients and prescribe controlled substances in specific circumstances, including:

• Treating psychiatric disorders

• Providing inpatient hospital care

• Treating hospice patients

• Treating residents of nursing homes

Outside of these scenarios, the exact scope of telehealth practices may vary, though it is widely used by medical specialists such as emergency physicians, radiologists, pathologists, psychiatrists, allergists, gastroenterologists, and cardiologists.

Consulting an Experienced Florida Medical Malpractice Attorney

At Viñas & DeLuca, our attorneys have extensive experience handling medical malpractice claims in Florida, including cases involving telehealth. We have successfully secured multi-million dollar recoveries for clients harmed by medical negligence. If you or a loved one is considering a medical malpractice claim, it is essential to consult with knowledgeable legal professionals. All consultations at Viñas & DeLuca are free and confidential. We are available 24/7 and can meet with you in person, chat online, or respond through our Free Case Evaluation Form. Contact us at (305) 372-3650 to discuss your case.