Make a Clinical Negligence Claim for a Telemedicine Misdiagnosis

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Compensation for Remote GP Misdiagnosis England and Wales

With the onset of telemedicine, a common question is how do you make a clinical negligence claim for a telemedicine misdiagnosis? Telemedicine has become a everyday part of healthcare in England and Wales. Telephone calls, video consultations, remote triage apps, and digital symptom checkers now sit alongside traditional GP and hospital appointments.

For many people, this shift has been positive. It saves travel time, reduces waiting rooms, and offers quick access to advice. But telemedicine also brings with it new risks. When a clinician cannot physically examine a patient, the chances of a misdiagnosis or delayed diagnosis may increase. If that error causes avoidable harm to the patient, it may form the basis of a clinical negligence claim.

So, how does someone can start a clinical negligence claim if they believe a remote consultation has caused them harm? We take a closer look at misdiagnosis or delayed diagnosis.

Why Telemedicine Misdiagnosis or Delayed Diagnosis Happens

Many clinicians deliver excellent remote care. But the format creates specific challenges that don’t exist in face‑to‑face appointments according to a report by the Health Services Safety Investigations Body (HSSIB). But if those challenges aren’t managed properly, mistakes can happen, for example:

1. Limited Physical Examination

A remote consultation restricts what a clinician can physically assess. They can’t palpate an abdomen, listen to a chest, or check reflexes. They rely heavily on what the patient describes and what can be seen on a screen.

A common example involves abdominal pain. A patient might describe “a dull ache on the right side.” In person, a GP could press the abdomen and detect guarding or rebound tenderness which are classic signs of appendicitis. But in a call or on video, those clues are missing. If the clinician doesn’t ask the right follow‑up questions or arrange an urgent in‑person review, the diagnosis may be missed.

2. Poor Video or Audio Quality

Technical issues can distort symptoms. A rash may look less severe on a low‑resolution camera. A wheeze may not be audible through a laptop microphone. A doctor may assume a condition is mild simply because they cannot see or hear the full picture.

One patient described a telemedicine appointment where she tried to show a spreading leg infection. The clinician saw only a small patch of redness because the camera kept refocusing. She was told it was “likely cellulitis, nothing urgent”. In reality, she had necrotising fasciitis and needed emergency surgery two days later.

3. Time‑Pressured Remote Triage Systems

Some telemedicine platforms operate on rapid‑fire appointment slots, which may be as short as five minutes. A medical professional may feel pressured to reach a conclusion quickly. That pressure can lead to shortcuts in history‑taking or safety‑netting advice.

A rushed consultation can potentially miss red flags such as:

• sudden severe pain
• neurological symptoms
• signs of sepsis
• unexplained weight loss
• persistent fever

When these clues are overlooked, a misdiagnosis or delayed diagnosis can happen.

4. Over‑Reliance on Patient Self‑Reporting

Telemedicine shifts more responsibility onto the patient to describe symptoms accurately. But people often underplay or misunderstand their symptoms. A clinician must interpret those descriptions carefully and ask probing questions. When that doesn’t happen, the risk of error increases.

For example, someone might say they feel “a bit breathless”. If it was a person-to-person conultation, a clinician would notice rapid breathing or cyanosis. On video, those visual cues may be subtle or even missed completely.

5. Inadequate Follow‑Up or Safety‑Netting

A key part of remote care is telling patients what to do if symptoms worsen. When clinicians fail to give clear safety‑netting advice e.g. when to seek urgent care or what warning signs to watch for, patients may delay seeking help, believing their symptoms are normal or expected.

Real‑Life Examples of Telemedicine Diagnosis Failures

Here are some examples to show how telemedicine errors can unfold in everyday situations.

Example 1: Stroke Symptoms Missed on Video

A man in his 50s had a video consultation after experiencing dizziness and slurred speech. The clinician attributed it to dehydration and advised rest. Because the camera angle was poor, the clinician didn’t notice the patient’s facial droop. Hours later, he suffered a major stroke. Earlier recognition could have led to thrombolysis and reduced long‑term disability.

Example 2: Child’s Sepsis Misinterpreted as a Viral Infection

A parent contacted a remote GP service because her toddler had a high fever and was unusually sleepy. The clinician, unable to see the child clearly on camera, diagnosed a viral infection and recommended fluids. The child deteriorated overnight and was later diagnosed with sepsis. A face‑to‑face assessment would likely have triggered urgent hospital referral.

Example 3: Cancer Diagnosis Delayed by Remote Triage

A woman reported persistent bloating and changes in bowel habits through an online symptom checker. The automated system suggested dietary changes and did not flag the need for urgent GP review. Months later, she was diagnosed with ovarian cancer. Earlier referral could have led to a better prognosis.

These examples show how telemedicine can obscure important clinical details. When those oversights cause avoidable harm, a clinical negligence claim may be appropriate.

When Telemedicine Errors May Amount to Clinical Negligence

In England and Wales, a clinical negligence claim for telemedicine must show two things:

Breach of duty: the clinician failed to provide care that met the standard expected of a reasonably competent practitioner in the same circumstances.

Causation: that failure directly caused harm that would otherwise have been avoided.

Telemedicine doesn’t lower the standard of care as clinicians are still required to:

• take an adequate history
• ask appropriate follow‑up questions
• arrange in‑person assessment when needed
• provide clear safety‑netting advice
• document the consultation properly

If they fail to do these things, and the patient suffers harm as a result, a clinical negligence claim may be filed.

How to Start a Clinical Negligence Claim for a Telemedicine Misdiagnosis

Starting a clinical negligence claim after a telemedicine misdiagnosis involves a few steps, but the process is slightly different from traditional claims because the evidence, communication trail, and clinical context are digital.

Remote consultations include chat logs, video recordings, app‑generated triage notes, and automated decision pathways and these can be crucial in proving what went wrong.

Here’s how to begin a claim that specifically relates to a telemedicine appointment.

1. Record Exactly What Happened During the Remote Consultation

Telemedicine creates a digital trail that can be incredibly valuable. As soon as you suspect something went wrong, gather:

• screenshots of the video call or chat interface (if you took any)
• copies of automated triage results or symptom checker outputs
• confirmation emails or app notifications
• any written advice sent after the consultation
• timestamps showing when you contacted the service and when you were seen

Our Tip: Patients often forget that telemedicine platforms store more data than a traditional GP appointment, and this can work in your favour.

2. Request Your Telemedicine Records (Not Just Your GP Records)

Many people assume their GP or hospital holds all their medical records, but telemedicine providers often store separate documentation. This may include:

• the clinician’s notes from the remote consultation
• internal triage assessments
• decision‑support prompts the clinician saw on their screen
• video or audio recordings (some platforms record by default)
• chat transcripts
• escalation or referral recommendations generated by the system

These records can reveal whether the clinician asked appropriate questions, whether the platform flagged red‑flag symptoms, and whether the clinician ignored or misinterpreted digital prompts.

3. Make a Timeline of Symptoms vs. Advice Given

Telemedicine misdiagnosis claims often rely on what the clinician could reasonably have identified remotely. Creating a clear timeline helps show:

• when symptoms first appeared
• what you reported during the remote consultation
• how your condition progressed
• when you eventually received the correct diagnosis

This timeline helps experts determine whether a competent clinician using telemedicine should have recognised the seriousness of your symptoms earlier.

4. Speak to a Clinical Negligence Solicitor

Telemedicine claims require a slightly different approach from traditional GP negligence claims. An experienced clinical negligence solicitor will:

• analyse digital consultation data
• identify whether the platform’s design contributed to the misdiagnosis
• assess whether the clinician should have escalated to an in‑person review
• understand the limitations and expected standards of remote care
• arrange a consultation with an independent medical expert to review whether the misdiagnosis caused avoidable harm.

For example, a solicitor may ask: “Should the clinician have insisted on a physical examination based on the symptoms described?” This question is central to many telemedicine misdiagnosis cases.

Contact Our Team

If you believe a telemedicine appointment caused you avoidable harm, you have the right to explore a clinical negligence claim.

Our friendly team will help you through the process of how to claim compensation. We work with highly experienced lawyers in this field who offer a ‘No Win, No Fee’ option. We will give you the support and understanding you need at this difficult time. 

Call us at 0333 358 3034 for a free no-obligation chat or visit our Contact Us Page.

This blog is for informational purposes only and does not constitute legal or medical advice. Always consult with a medical professional and a qualified solicitor to understand your specific circumstances.