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Telemedicine and Medical Malpractice Claims: Standard of Care and Causation

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, February 24, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss the standard of care and causation issues unique to telemedicine, the types of medical malpractice claims being asserted and why. The panel will offer both plaintiff and defense perspectives on the benefits and challenges arising in telemedicine, and best strategies for both sides when litigation and malpractice claims are alleged.


Healthcare providers are increasingly using telemedicine solutions or patient clinical services provided by distant practitioners using electronic communication methods to offer improved and faster care, prevent the spread of contagions, and provide access to more specialties. Since 2020, telemedicine has matured and gained greater acceptance, but time has also exposed vulnerabilities. This webinar will review the legal developments resulting from these changes in medical practice.

Different standards of care are evolving not only for remote practice in general but for specific types of remote practice. Taking readings from a remote device (e.g., those uploaded from an electronic monitor) may arguably present no new issues. Telemedicine serves a purpose of convenience for many patients who live in remote areas of the country and cannot see a physician in their office. But this convenience to the patient can result in allegations against the physician.

Issues of informed consent and an advance waiver may present differently in the remote context. The causation analysis also expands given the number of steps between practitioner and patient. Though not directly related to malpractice, there are questions of liability when doctors practice across state lines.

Listen as our panel of experienced medical malpractice attorneys reviews trends and litigation strategies in claims against healthcare providers, physician groups, and healthcare organizations.



  1. Scope of telemedicine
  2. Potentially liable individuals and entities
  3. Duties of care
  4. Causation
  5. Related duties to patients (i.e., cross-state practice)


The panel will review these and other material issues:

  • The latest developments in telemedicine and how they relate to medical malpractice law
  • The standard of care and causation involved in telemedicine
  • Issues related to liability to the patient


Fisher, Gillian
Gillian A. Fisher

Of Counsel
Wilson Elser

Ms. Fisher devotes her practice to the defense of complex, high-exposure medical malpractice matters on behalf of...  |  Read More

Merson, Jordan
Jordan K. Merson

Merson Law

Mr. Merson has litigated medical malpractice, wrongful death, negligence, defective products and product liability,...  |  Read More

Russell, Angela
Angela W. Russell

Wilson Elser

Ms. Russell is the regional managing partner of the Baltimore office and chair of the firm’s Diversity Committee....  |  Read More

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