CURRENT LEGAL ARTICLES

Dylan Green | Green & Associates Solicitors | Updated 22nd March 2025

In recent years, telemedicine has rapidly changed how healthcare is delivered in Ireland. From small towns in West Cork to large hospitals in Dublin, more people now consult doctors online — using video calls, telephone appointments, or secure messaging platforms.

For many, this shift offers welcome benefits: easier access to care, reduced travel, and shorter waiting times. But as healthcare moves online, new questions are emerging — especially around clinical safety and legal responsibility.

One of the most serious concerns is the risk of misdiagnosis during remote consultations. Without a physical examination, important symptoms may be missed or misinterpreted.

So, what happens if a medical error occurs online?
And can patients in Ireland take legal action if they’ve been misdiagnosed during a virtual consultation?

✔️ What telemedicine is and why it’s growing in Ireland
✔️ Common risks of online misdiagnosis
✔️ When remote errors become legal negligence
✔️ Who may be held responsible under Irish law
✔️ What steps to take if you’ve been affected

This guide explains how Irish medical negligence law applies to digital healthcare — and what your rights are if you suspect your online consultation led to avoidable harm.

Telemedicine — also called telehealth — involves delivering healthcare remotely using technology. In Ireland, this includes:

• Video appointments with GPs or specialists
• Phone consultations for prescriptions or follow-ups
• Encrypted messaging for medical advice or test results

Patients can now access healthcare from home, work, or anywhere with an internet connection — removing the need for many in-person visits.

The use of telemedicine surged during the COVID-19 pandemic. With public health guidelines limiting face-to-face contact, the HSE expanded its digital platforms to protect patients and staff.

Between 2020 and 2023, online consultations became common across the country. Providers such as Webdoctor.ie and the HSE’s Attend Anywhere platform allowed patients to:

• Speak to doctors without visiting a clinic
• Renew prescriptions safely
• Receive mental health support from home
• Get follow-up care between hospital appointments

This trend has continued beyond the pandemic, with growing demand for flexible, remote medical services.

• Faster access to care, especially for non-urgent issues
• Improved services for people in rural or isolated areas
• Greater flexibility for those with mobility or time constraints
• Continuity of care during bad weather, travel disruption, or illness

For patients who find travel difficult or who need quick medical advice, telemedicine offers a practical and timely solution.

Despite its benefits, telemedicine presents unique risks. Without the ability to examine a patient physically, a doctor may miss key signs or fail to escalate care when needed.

That’s why regulators have made it clear:

“Virtual consultations must meet the same professional standards as face-to-face appointments.” — Irish Medical Council

When those standards are not met, and harm occurs, the issue may cross into medical negligence — something we explore in the next section.

Yes — misdiagnosis can happen during any medical consultation, including those conducted online. While virtual appointments offer speed and convenience, they also present new clinical challenges that may not arise in face-to-face settings.

Remote consultations limit a doctor’s ability to physically examine a patient. This can lead to missed or misunderstood symptoms, especially when the illness presents subtle or non-specific signs.

Some of the key risk factors in virtual consultations include:

• No physical examination — crucial signs may be missed or under-assessed
• Over-reliance on patient self-reporting — without visual or tactile confirmation
• Poor video or audio quality — making it harder to observe symptoms clearly
• Shortened consultation times — limiting the depth of clinical assessment
• Lack of non-verbal cues — which can be essential in mental health or pain cases

“Remote diagnosis depends heavily on patient communication — which may not always be accurate or complete.”

When clinical limitations aren’t properly addressed, the result may be:

• Incorrect or missed diagnoses
• Delayed referrals to specialists
• Inappropriate or risky prescriptions
• Failure to escalate to in-person care when needed

For example, a patient with a persistent cough might be prescribed antibiotics without a physical examination. Weeks later, it’s discovered they were suffering from pneumonia — now worsened by the delay in appropriate treatment. In such a case, earlier in-person review might have made a difference.

A poor outcome alone does not always mean negligence. But when an error could have been avoided through proper care — and causes harm — it may cross the threshold into medical negligence under Irish law.

Importantly, the same legal standards apply to online care as to in-person appointments. A missed diagnosis during a video call can carry the same legal weight as one made in a hospital or GP clinic.

Not every medical error amounts to negligence. But when a healthcare provider fails to meet the standard of care expected in their profession — and a patient is harmed as a result — a legal claim may arise.

In Ireland, this principle applies equally to virtual consultations and in-person appointments.

To succeed in a medical negligence claim, four key elements must be proven:

1. A duty of care was owed by the healthcare provider
2. That duty was breached, through action or omission
3. The breach caused harm to the patient
4. The harm was foreseeable in the circumstances

The breach must have caused actual harm — such as injury, delayed recovery, or a worsened condition — and that harm must have been something a reasonable provider could have anticipated.

This legal framework applies whether the consultation took place in a clinic, hospital, or via a video call.

In Dunne v National Maternity Hospital [1989] IR 91, the Irish Supreme Court laid out a test for medical negligence that still applies today.

The court ruled:
A doctor is not negligent if their actions are consistent with a practice accepted as proper by a responsible body of medical professionals — even if others would disagree.

This became known as the “Dunne Test”, and it remains central to how courts decide whether a healthcare provider failed in their duty of care.

In a telemedicine context, negligence may occur where a provider:

• Fails to identify symptoms that were visible or clearly reported
• Does not recommend an in-person assessment, despite clinical red flags
• Issues advice or treatment that falls short of accepted standards for remote care

Even though the consultation took place via phone or video, the same level of professional judgment is required.

“Virtual consultations do not reduce legal responsibility — the standard of care remains the same.”
— Irish Medical Council

Both the Irish Medical Council and HIQA (Health Information and Quality Authority) have issued clear guidance:

• Doctors must uphold the same level of care and diligence in remote settings
• Video or phone appointments should never replace physical assessment when it’s clinically necessary
• Professional standards apply regardless of whether care is provided through the HSE or a private platform

If a patient suffers harm because these standards are not met — even during an online consultation — there may be grounds for a legal claim under Irish medical negligence law.

As telemedicine becomes a regular part of healthcare in Ireland, real-world examples are beginning to highlight the risks of virtual consultations. While many patients benefit from faster, more convenient access to care, some have experienced delayed diagnoses or overlooked symptoms — with serious consequences.

Although still relatively rare, several reported incidents illustrate how remote consultations can go wrong:

• A rural patient received an online diagnosis for what was thought to be a minor infection. Hours later, they were hospitalised with sepsis. A failure to recommend in-person review was later flagged as a critical oversight.
• A cancer patient experienced significant delays in diagnosis because early symptoms were downplayed during multiple virtual triage sessions. By the time follow-up testing was ordered, the condition had progressed.
• In a 2022 anonymised case, a patient was assessed via video for ongoing respiratory symptoms. The severity was not recognised, and they were later admitted to hospital for complications that might have been prevented with earlier physical assessment.

“When in doubt, doctors must err on the side of caution and recommend in-person review.”
— HIQA Clinical Safety Advisory

These examples reflect growing concerns across the healthcare sector — especially when clinical escalation protocols are not triggered during online appointments.

These individual cases reflect a wider pattern. National data sources now confirm that issues with remote care are surfacing more frequently in legal claims.

According to recent updates from the State Claims Agency (which manages legal claims against public health services like the HSE), there has been a noticeable increase in:

• Delayed diagnosis claims following remote consultations
• Miscommunication between virtual and in-person care teams
• Missed referrals or escalation failures that would not likely occur during in-person care

Similarly, data from the Personal Injuries Assessment Board (PIAB) — Ireland’s independent body for assessing personal injury claims — shows that the country continues to experience some of the highest per-capita medical negligence payouts in Europe.

As the use of digital healthcare expands, so too does legal scrutiny. Irish courts and legal practitioners are paying closer attention to how telemedicine is delivered — and whether patients are receiving appropriate, timely, and safe care.

“Telemedicine must not become a shortcut — clinical diligence remains essential.”
— Irish Medical Council

This reinforces the importance of maintaining robust clinical procedures, even in digital settings. When those procedures are lacking, and harm results, patients may have a strong basis for legal redress under medical negligence law.

When a misdiagnosis occurs during a telemedicine appointment, determining who is legally responsible isn’t always straightforward. In many cases, more than one party may be involved in the delivery of care — from the individual doctor to the platform that facilitated the consultation.

Irish law allows for liability to rest with:

• The individual medical professional
• The digital health platform or service provider
• The hospital or clinic overseeing the consultation

A GP, specialist, or nurse who delivers clinical advice during a virtual appointment may be personally liable if they fail to meet the standard of care required in their profession.

This includes:

• Misinterpreting or ignoring symptoms
• Failing to request necessary tests or refer the patient for further care
• Providing treatment that falls below accepted medical practice

Even when working through a third-party platform, healthcare professionals are bound by the same legal obligations as they would be in face-to-face care.

Digital health platforms — particularly those that employ or contract medical staff — may share legal responsibility if their systems or procedures contributed to the harm.

Potential liabilities may arise if:

• There was a breakdown in communication between platform and practitioner
• The platform used inadequate triage tools or templates
• Technical failures interfered with proper care
• Escalation protocols were unclear, missing, or not followed

“In telemedicine, clinical safety depends not only on the doctor — but on how well the system supports safe care delivery.”

Where telemedicine services are delivered under the banner of a hospital, clinic, or medical group, those institutions may be held accountable — particularly if:

• They failed to supervise the remote care properly
• Poor internal policies contributed to delays or errors
• They employed the practitioner involved

Under the principle of vicarious liability, an employer (such as a hospital) may be responsible for the actions or omissions of its staff — even if the misdiagnosis happened online.

Telemedicine adds complexity to medical negligence claims. Unlike traditional consultations, online appointments involve digital records, shared systems, and sometimes international service providers.

Some of the common challenges include:

If the healthcare provider or telehealth platform is based outside of Ireland, questions of legal jurisdiction and applicable law may arise. This can complicate cross-border claims.

Online platforms may store consultation data in multiple formats — such as chat logs, video summaries, or automated transcripts. Missing attachments or poor documentation can make it harder to reconstruct exactly what was said or done.

In many cases, the patient interacts with several parties — a virtual triage system, an assigned doctor, and a pharmacy. Determining who owed the primary duty of care may require a detailed legal analysis of contracts and clinical roles.

“Liability in telemedicine may rest with one or more parties — and often depends on how care was organised, supervised, and documented.”

For patients seeking to bring a claim, it is crucial to work with a solicitor who understands how modern healthcare delivery affects legal responsibility.

If you’ve experienced a delayed or incorrect diagnosis following a virtual consultation, it’s important to act promptly. Not every mistake amounts to negligence — but if harm occurred due to substandard care, you may have a legal case.

This section answers the most common questions people have when navigating potential medical negligence involving telemedicine.

A: Start by gathering all relevant records. Under GDPR, you have the right to request your full medical file, including:

• Notes from online consultations
• Chat logs or video summaries
• Prescriptions or referral letters
• Test results or follow-up instructions

This documentation is essential for reviewing the care you received.

A: Yes. As soon as possible, create a personal log. Include:

• Date and time of the consultation
• Symptoms you discussed
• What the doctor said or advised
• What happened afterward (e.g. new symptoms, hospitalisation, follow-up visits)

These real-time details can be vital later in building a timeline.
They may also help your solicitor identify gaps in care or inconsistencies in your official medical records.

A: Absolutely — and it’s often advisable. If you’re unsure whether the original diagnosis or advice was appropriate, seek a second medical opinion. Another healthcare provider may identify issues the first consultation missed — or confirm that further review should have been arranged.

You may also find our related guide on Rising Medical Malpractice Claims in Ireland helpful, which explains why diagnostic errors are on the rise and how the courts are responding.

A: If you’ve suffered harm — physical, emotional, or financial — and believe it resulted from poor care during a remote consultation, contact a solicitor experienced in medical negligence.

They can assess whether:

• A duty of care was breached
• That breach caused the harm
• You have the basis for a formal legal claim

“Not all clinical errors are legally actionable — but many are. A solicitor can help you understand the difference.”

A: Yes. In most cases, you have two years from the “date of knowledge” — the date you became aware (or should have become aware) that harm occurred due to medical care.

There are exceptions in certain circumstances (e.g. for minors or in complex cases), so early legal advice is essential.

A: That’s completely normal. Many patients feel uncertain about whether a misdiagnosis was avoidable or legally significant. Speaking with a solicitor can help you gain clarity — and protect your right to take action if needed.

Telemedicine is now a permanent feature of Ireland’s healthcare system. From virtual GP appointments to hospital-based video triage, online consultations are widely used across public and private services.

While this shift has delivered many benefits — faster access, convenience, and broader reach — it also brings new challenges. One of the most pressing is the risk of misdiagnosis in the absence of physical assessment.

Irish law is clear: patients are entitled to the same standard of care online as they are in person. If that standard is not met, and harm occurs, patients may have grounds to bring a medical negligence claim.

“Clinical responsibility doesn’t end when the consultation begins online — duty of care still applies.”

Whether your experience involved a remote consultation with a GP, a specialist’s advice through a digital platform, or a prescription issued without appropriate review, your rights remain protected.

If you suspect that an error during an online consultation caused avoidable harm, it’s important to seek early legal advice.

At Green & Associates Solicitors, we specialise in handling complex medical negligence cases — including those involving telemedicine, virtual consultations, and online misdiagnosis.

Our legal team combines strategic insight with a deep understanding of how modern healthcare intersects with Irish law. We offer:

• Expert legal advice on remote consultation and misdiagnosis claims
• Clear, confidential case assessments tailored to your experience
• Guidance on gathering medical records and timelines
• Proven experience navigating high-stakes clinical negligence cases

As an ISO 9001-accredited firm, we are committed to delivering legal services to the highest professional standards — with clarity, compassion, and precision.

If you believe your online consultation led to harm, delayed diagnosis, or inappropriate treatment, we’re here to support you in exploring your legal options.

The information provided in this blog is intended for general informational purposes only and does not constitute legal, medical, or professional advice. While Green & Associates Solicitors has made every effort to ensure the accuracy and relevance of the content at the time of publication, the information may not reflect the most recent legal developments, case outcomes, or regulatory changes in Ireland.

Every medical negligence case is unique. The examples, insights, and explanations offered in this blog are not a substitute for formal legal consultation. If you believe you have suffered harm due to a misdiagnosis, delayed treatment, or any form of substandard care — whether in-person or via telemedicine — we strongly recommend that you seek professional legal advice specific to your situation.

Reading this blog does not establish a solicitor-client relationship with Green & Associates Solicitors. Legal outcomes vary depending on the facts of each individual case, and reliance on the content of this blog without legal consultation may result in misunderstandings or incorrect assumptions.

Green & Associates Solicitors accepts no liability for any loss or damage arising from reliance on the information presented here. For tailored advice and legal representation, please contact our office directly to arrange a confidential consultation with a qualified solicitor.