Telemedicine Malpractice Insurance Coverage
As the COVID-19 pandemic shifted sites of care, drove payment parity, eased licensing restrictions, and dispersed patient populations, The Doctors Company assured our members that their telehealth visits are covered by their medical professional liability policies.
The sharp increase in telemedicine since the start of the pandemic created an expansion of risk in healthcare. TDC Group is responding by offering coverage, including optional general liability and employee benefits liability coverage, for insured medical practices complementing care through virtual visits and for organizations offering 100 percent virtual visits without an established patient-physician relationship, where permitted by law.*
Telemedicine malpractice insurance is medical professional liability coverage that helps protect healthcare practitioners against claims arising from virtual care. While many risks are similar to in-person practice, telehealth also introduces unique exposures.
These may include:
- Alleged misdiagnosis or delayed diagnosis during a virtual visit
- Limitations of remote assessments without a physical examination
- Technology failures that disrupt communication
- Documentation and informed consent issues
- Patient follow-up and continuity-of-care concerns
- State licensure and regulatory compliance risks
Why Healthcare Professionals Need Telemedicine Malpractice Insurance
For healthcare professionals, the question isn't whether patients can use insurance to pay for telemedicine visits—it's whether your insurance coverage adequately protects you when delivering care virtually.
As telehealth adoption continues to grow, physicians and healthcare organizations must understand how virtual care fits within their medical professional liability coverage. Coverage requirements can vary based on your specialty, where your patients are located, and how telehealth services are delivered.
Telemedicine also introduces unique liability risks that may not arise during in-person care, including:
- Technology failures: Connectivity issues, software outages, or poor audio and video quality can disrupt communication, potentially leading to misunderstandings, incomplete evaluations, or delayed care.
- Patient abandonment concerns: When patients live outside your local service area, missed appointments and gaps in follow-up care can become more difficult to manage, increasing the risk of communication breakdowns.
- Medical licensure requirements: Telehealth allows physicians to treat patients remotely, but practitioners generally must be licensed in the state where the patient is located at the time of treatment. Failing to comply with state licensure requirements can create regulatory and liability risks.
- Documentation and informed consent: Virtual visits require thorough documentation and compliance with telehealth-specific consent requirements, which can vary by state.
- Privacy and data security: Practitioners must safeguard patient information and ensure telehealth platforms comply with applicable privacy regulations.
Because of these unique exposures, it's important to confirm that your medical professional liability policy extends to telehealth services and aligns with applicable state laws and regulations.
The Doctors Company provides telehealth coverage through its medical professional liability policies and offers coverage solutions for both practices that supplement in-person care with virtual visits and organizations that operate entirely through telemedicine, where permitted by law. Licensed in all 50 states, The Doctors Company helps physicians and healthcare organizations navigate the evolving risks associated with virtual care delivery.
Wherever Your Patients Live or Travel, If You Are Licensed, Your Coverage Follows
The Doctors Company is one of the only medical professional liability insurers licensed and insuring telemedicine in all 50 states.
The Doctors Company is the industry leader in providing tools, resources, and continuing education to help practices of all sizes reduce risk and improve patient care while using telemedicine. We provide extensive telehealth resources, including CME, videos, and resources on safely implementing telemedicine in your practice. Members can also contact Patient Safety for individual support on reducing risk with telemedicine.
To learn more about other telehealth coverage solutions, please have your broker contact a member of the TDC Specialty Business Development team.
Frequently Asked Questions
Not necessarily. Some medical professional liability policies include telehealth coverage, while others may have restrictions or exclusions. Review your policy to confirm that virtual care services are covered.
Many medical professional liability policies cover telehealth services, but coverage varies by carrier and policy. It's important to verify that your coverage extends to the types of telemedicine services you provide.
Common telemedicine risks include technology failures, miscommunication, delayed diagnosis, privacy concerns, patient follow-up challenges, and compliance with state licensure requirements.
In most cases, physicians must be licensed in the state where the patient is located at the time of the telehealth visit. State laws and licensing requirements vary.
Telemedicine can introduce unique liability exposures, such as limitations in conducting physical examinations, technology disruptions, and interstate regulatory requirements. Proper coverage and risk management can help mitigate these risks.
Healthcare organizations should look for coverage that addresses virtual care services, multi-state practice considerations, regulatory compliance requirements, and telemedicine-specific liability exposures.
*Coverages may be underwritten by The Doctors Company, TDC Specialty Underwriters, or The Doctors Company Insurance Services. Coverage, policy terms, and availability may vary by location, specialty and underwriting company.
TDC Group is the marketing term representing The Doctors Company and its subsidiaries and affiliated companies including The Doctors Management Company, TDC Specialty Underwriters, and Healthcare Risk Advisors.
