Can You Sue for Emotional Trauma After a Telemedicine Error?

With the rise of telemedicine, more patients are receiving care through video conferences, phone calls, and online platforms. While this shift increases access to care and improves convenience, it also introduces new risks — including the potential for medical errors that cause serious emotional distress. If a patient suffers emotional trauma due to a telemedicine mistake, the question arises: can you sue?

The answer depends on several factors, including whether a doctor–patient relationship existed, whether the healthcare provider breached the standard of care, and how the emotional distress was caused. At Greenstein & Pittari, LLP, we help patients navigate the complex legal landscape surrounding telemedicine malpractice and emotional trauma. If you’ve experienced harm as a result of a telehealth visit, our team can help you understand your legal options and pursue the compensation you may deserve.

Telemedicine Malpractice and Emotional Distress

Telemedicine may involve remote care through video consultations, online care portals, or phone-based medical advice. While convenient, these forms of treatment are still bound by the same legal standards that govern in-office visits. When a healthcare provider fails to meet the accepted standard of care during a remote appointment, it may constitute medical malpractice.

Emotional trauma following a telemedicine error can result from:

• Missed diagnoses or diagnostic errors
  
• Medication errors without proper physical examination
  
• Failure to recognize serious medical conditions
  
• Inappropriate treatment recommendations
  
• Privacy concerns or data breaches involving sensitive medical information
  

Though emotional trauma does not always come with physical injury, it can still have devastating effects — including anxiety, depression, or even post-traumatic stress disorder. In these situations, a medical malpractice lawsuit may be possible.

Can Emotional Distress Lead to a Medical Malpractice Claim?

In New York, emotional distress caused by medical negligence may be grounds for a malpractice claim if it can be shown that:

• The healthcare provider had a duty of care (i.e., a doctor–patient relationship existed)
  
• The provider breached that duty through a medical error
  
• The breach directly caused emotional trauma or mental health harm
  
• The emotional damages are significant and well-documented
  

Not all emotional harm qualifies for a lawsuit. However, when emotional distress is severe, long-lasting, and tied to a provider’s clear negligence — such as a misdiagnosis or failure to follow up after a telehealth visit — pursuing compensation may be appropriate.

Many patients experience psychological impact from misdiagnoses or a lack of follow-up during online care. If the emotional harm is coupled with physical injury or financial losses like medical expenses or lost wages, the likelihood of a successful claim increases.

Examples of Emotional Trauma in Telemedicine Cases

While each situation is unique, here are common scenarios where a patient may experience emotional distress due to a telemedicine malpractice event:

• A patient with cancer symptoms is repeatedly told during remote consultations that symptoms are minor, leading to a delayed diagnosis and emotional suffering
  
• A mental health patient is abruptly taken off medication without in-person care, resulting in psychological deterioration
  
• A child’s telehealth diagnosis is incorrect, leading to months of ineffective treatment and parental anxiety
  
• A sensitive diagnosis (such as a terminal illness) is delivered improperly during a video conference, resulting in severe emotional trauma
  

In such cases, a medical malpractice lawyer may be able to help the patient seek compensation for both emotional damages and other related losses.

The Legal Process for Filing a Claim

To file a medical malpractice claim for emotional distress following a telemedicine error, patients must provide:

• Detailed medical records documenting the error or mismanagement
  
• Proof that a healthcare provider or other medical professionals breached the standard of care
  
• Medical or psychiatric evidence supporting the emotional trauma
  
• A clear timeline showing how the telemedicine mistake directly caused harm
  

These cases can be challenging, especially without visible physical injury. That’s why working with experienced medical malpractice attorneys is essential to building a strong claim.

How a Medical Malpractice Lawyer Can Help

Medical malpractice claims involving telehealth visits and emotional distress require specialized legal knowledge. A medical malpractice lawyer will:

• Review medical records to identify evidence of negligence
  
• Consult with medical professionals to determine whether malpractice occurred
  
• Evaluate the psychological impact and document emotional damages
  
• Navigate complex issues like remote monitoring devices, restricted access to in-person care, or failure to conduct a physical examination
  
• Negotiate with insurance companies or represent clients in court when necessary
  

Whether your emotional distress resulted from a doctor’s failure to follow up, a serious misdiagnosis, or a breach of privacy, our team can help you seek compensation and accountability.

Proving Emotional Distress in a Medical Malpractice Case

Emotional distress claims can involve:

• Anxiety, panic attacks, or depression following a medical mistake
  
• Post-traumatic stress disorder after a traumatic telehealth experience
  
• Sleep disruption or loss of enjoyment in daily life
  
• Fear of seeking future medical care due to prior negative online care
  

To strengthen your claim, it’s crucial to document your mental health symptoms and obtain professional evaluations. Expert testimony is often needed to connect the emotional trauma to the medical malpractice.

What Compensation May Be Available?

In a successful claim, you may be able to seek compensation for:

• Emotional trauma and emotional distress caused by the malpractice
  
• Medical expenses related to mental health treatment
  
• Lost wages or income due to psychological impairment
  
• Physical harm or deterioration of health caused by the delayed or incorrect care
  
• Pain and suffering
  

If the provider acted with gross negligence or misconduct, punitive damages may also be considered in rare cases.

Should You File a Telemedicine Lawsuit?

If you suffered harm — emotionally or physically — after a telehealth visit, you may be entitled to file a malpractice claim. Not every mistake qualifies as malpractice, but when a provider fails to uphold the appropriate standard of care, patients have legal options.

Working with a law firm experienced in telemedicine lawsuits and medical negligence is critical. Greenstein & Pittari, LLP understands the unique challenges involved in these claims and helps clients pursue justice in the evolving medical industry.

Learn more about whether you can sue for emotional trauma after a telemedicine error. Call Greenstein & Pittari, LLP at (800) 842-8462 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

FAQ: Emotional Trauma After Telemedicine Errors

Can I sue for emotional distress if a doctor misdiagnoses me during a telehealth visit?

Yes, if the misdiagnosis leads to significant emotional distress and can be linked to a breach in the standard of care, you may have grounds for a medical malpractice lawsuit.

Do I need physical harm to file a medical malpractice claim for emotional trauma?

Not always. While physical injury can strengthen your case, serious emotional distress or mental health impacts alone may justify a claim — especially if they result from clear negligence.

How do I prove emotional trauma in a telemedicine malpractice case?

Evidence such as mental health records, psychiatric evaluations, and testimony from healthcare providers can help prove that emotional distress was caused by a telemedicine error.

Are doctors held to the same standard during remote care as in person?

Yes. Medical professionals are required to provide the same level of care during telehealth visits as they would during in-office care. Breaches of that duty may result in malpractice claims.

What damages can I recover in a telemedicine malpractice claim?

You may be eligible to recover compensation for emotional distress, medical expenses, lost wages, physical harm, and pain and suffering. Each case is unique, so consulting a medical malpractice attorney is important.