As technology continues to transform healthcare, telemedicine has become an increasingly common way for patients to consult with doctors, therapists, and specialists. While virtual care offers convenience and accessibility, it has also introduced new considerations in the legal landscape, particularly in personal injury claims. With more injured individuals receiving care remotely, courts and insurance adjusters are now evaluating virtual medical documentation as part of the evidence used to support a case.
This shift raises important questions: How is telemedicine viewed in a legal context? What role does it play in proving injury, treatment, and damages? And what do claimants need to know when using telehealth as part of their recovery process?
What Is Telemedicine?
Telemedicine refers to the use of digital technology, typically video conferencing tools, to provide clinical services remotely. It gained rapid traction during the COVID-19 pandemic and has since become a preferred method of care for many patients. Telehealth allows injured individuals to consult with physicians, undergo follow-up evaluations, attend therapy sessions, and even receive prescriptions without visiting a physical office.
For those recovering from a personal injury, especially individuals with mobility limitations or transportation barriers, telemedicine offers a practical solution to continue receiving consistent care.
How Telemedicine Is Used in Personal Injury Claims
In personal injury cases, medical records play a critical role in establishing the nature and extent of the plaintiff’s injuries. These records serve as evidence of diagnosis, treatment, pain levels, physical limitations, and the projected need for future care.
When treatment is provided via telemedicine, these same principles apply, but with a few nuances.
- Documentation of Injuries. Just like in-person visits, virtual appointments typically result in medical documentation. These records include the provider’s notes, diagnostic impressions, recommended treatment plans, and progress updates.
- Continuity of Care. Courts often look for evidence that an injured person sought medical attention promptly and consistently. Telemedicine can demonstrate that the patient followed through with care recommendations, even if they couldn’t attend in-person visits.
- Expert Testimony. In some cases, providers who treated a patient virtually may be called to offer expert testimony. Their virtual evaluations could carry weight, particularly if the practitioner used objective tools or requested in-person follow-ups when necessary.
Challenges and Considerations
While telemedicine offers benefits, there are a few potential limitations to be aware of when using it as evidence in a personal injury case.
- Lack of Physical Exams. One of the primary criticisms of telemedicine in legal settings is the inability to perform a hands-on examination. For injuries requiring physical assessment, such as range of motion tests, swelling evaluations, or neurological exams, telehealth may fall short unless it is paired with in-person visits.
- Skepticism from Insurers. Some insurance companies may scrutinize telehealth records more closely than traditional ones, questioning their validity or thoroughness. This can lead to disputes over the severity or legitimacy of injuries.
- Jurisdictional Differences. Some states have specific laws or standards regarding the admissibility of telehealth documentation in legal proceedings. It's important for attorneys to understand how telemedicine records are treated in their jurisdiction.
A knowledgeable personal injury lawyer can help you navigate these challenges and build a strong case, whether your treatment was in person, virtual, or both.
Best Practices for Injured Individuals
If you're pursuing a personal injury claim and using telemedicine as part of your treatment, here are a few tips:
- Be Thorough and Honest. Treat virtual appointments as seriously as in-person ones. Describe your symptoms clearly and follow medical advice closely.
- Keep Records. Save copies of appointment summaries, prescriptions, and any communication with your provider. These can support your case later.
- Combine Virtual and In-Person Care When Possible. If advised by your doctor, attend in-person evaluations to complement virtual visits and build a more robust record of treatment.
- Inform Your Attorney. Make sure your legal representative knows you’re receiving care virtually so they can anticipate how to present this information effectively.
Integrating Telehealth into Your Legal Strategy
Telemedicine is here to stay, and its role in personal injury claims will likely continue to grow. While it may not fully replace in-person care for certain types of injuries, it can still serve as valuable evidence, especially when used appropriately and documented thoroughly. For injured individuals navigating recovery in a digital age, telemedicine offers a flexible option that supports both their health and their legal claim.
At the Law Offices Cytryn & Velazquez, P.A., we understand how to incorporate telemedicine records effectively into your personal injury case. Our team is experienced in handling both traditional and modern forms of medical evidence and can guide you through every step of the claims process.
If you’ve been injured and are receiving telehealth treatment, contact us at (954) 833-1440 for a free consultation. We’ll review your case, answer your questions, and help you understand your legal options.