Are Telehealth Diagnoses Legally Defensible in Kentucky?

In 2026, telehealth is no longer an occasional tool used only when in-person visits aren’t possible; it’s a permanent part of how medical care is provided in Kentucky, expanding access and reducing wait times. However, as telehealth use has increased, so have issues with remote diagnosis and inaccurate virtual diagnoses. If a provider’s standard of care did not meet Kentucky’s medical and legal standards, their inaccurate diagnosis may not be legally defensible.

If you’ve been misdiagnosed and suffered further injury or illness as a result, it’s time to reach out to the medical malpractice attorneys at Crandall & Pera Law. Call us now to get started.

What is telehealth and how is it used in Kentucky?

Telehealth is the use of electronic communications to provide healthcare services, rather than relying exclusively on in-person, face-to-face visits. Telehealth offerings in Kentucky include:

• Live video appointment
• Audio-only appointments in limited and regulated circumstances

Standing alone, text chat or email generally does not qualify as telehealth under Kentucky law.

 Legally, telehealth is considered another way to practice medicine. It isn’t considered different or “less than” in-person treatment, so providers are held to the same professional obligations as they are when they provide face-to-face care. A telehealth visit must meet the same medical standard of care as an in-person diagnosis, so a provider must act as any other reasonably competent healthcare provider would under similar circumstances.

Kentucky’s legal and regulatory framework for telehealth

A number of laws govern how and when telehealth is offered to Kentucky patients. Before providers offer telehealth care, they have to get informed consent from the patient in question. Informed consent requirements vary by specialty.

They are also required to establish a documented diagnosis via appropriate medical protocols before prescription medication, although requirements vary across different drug classes.

There are also limitations regarding out-of-state practitioners, which is an issue that largely comes up with the practice of telehealth. Unless authorized through licensure compacts or recognized exceptions, someone who is not lawfully licensed to practice in Kentucky cannot engage in the practice of medicine.

There are exceptions, though, for those who infrequently engage in the practice of medicine and associate with a licensed physician within the state. Kentucky also participates in licensure compacts which broadens the base of practitioners who can practice within the state.

Legal standards for a defensible telehealth diagnosis

A telehealth diagnosis is more likely to stand up to legal scrutiny if a provider can demonstrate:

• A valid provider-patient relationship
• Confirmed Kentucky licensure and compliance with all state regulations
• Informed consent for telehealth services
• An appropriate evaluation
• Appropriate actions based on knowledge of the limitations of telehealth
• Clear instructions for follow-up care and escalation

Defensible telehealth diagnoses rely heavily on a care provider’s judgment. Telehealth is held to the same set of standards as in-person care. If a doctor cannot meet the standard of care and they diagnose that patient anyway, their diagnosis may fall apart under legal scrutiny and questioning.

When is a telehealth diagnosis most legally vulnerable?

It’s important to recognize the difference between an incorrect diagnosis and an incorrect diagnosis that rises to the level of medical malpractice. If a misdiagnosis is caused by a care provider who ignores the limitations of remote care, it may fall within the realm of medical malpractice, but not every incorrect diagnosis is malpractice. Common scenarios that are considered legally risky include:

• Conditions that require physical examinations but that a doctor handles over telehealth anyway
• Incomplete patient histories that make it impossible for a doctor to prove a diagnosis based on a patient’s full circumstances and history
• Failure to escalate care when it becomes apparent that telehealth is not adequate for the situation at hand
• Overreliance on patients’ self-reports without follow-up testing or in-person care recommendations

If a reasonable care provider would have insisted on an in-person appointment or more rigorous testing before diagnosing, an incorrect diagnosis provided during telehealth care may fall below the state’s standard of care.

When a telehealth diagnosis fails – patient rights and provider liability

Patients harmed by an inaccurate medical diagnosis have the same legal rights as a patient harmed by inadequate face-to-face care. A Kentucky medical malpractice claim typically involves these elements:

• Proof of a provider-patient relationship, which establishes that the doctor had a duty of care to the patient
• Evidence that the provider fell below the standard of care in their practice area
• Proof that the failure to meet the standard of care caused further injury or allowed the condition to worsen
• Evidence that the patient suffered measurable damages, such as more expensive care caused by a delayed diagnosis 

Telehealth cases tend to involve fairly complex evidence, as medical malpractice lawyers may need to access the records of the telehealth platform used, communication logs, and expert testimony from those with experience in telehealth and its limitations.

Are telehealth misdiagnoses increasing?

A growing number of healthcare professionals recognize the legal risk they face due to telehealth misdiagnosis, and some medical malpractice attorneys report seeing an increase in cases involving this same concern.

This trend is headed the wrong direction, due in large part to the massive uptick in telehealth usage in different specialties and locales. Telehealth can undoubtedly make life easier for patients by allowing them to stay home and rest when sick, but it has limitations that must be respected. Doctors who force telehealth to work in every scenario, even when it’s clearly inadequate, put themselves at risk of a lawsuit and put their patients at risk of inadequate care.

Were you harmed by a medical misdiagnosis? Let’s talk about your next steps.

At Crandall & Pera Law, we understand that telehealth can lead to preventable issues that put patients in harm’s way. Let’s fight for the justice you deserve. Reach out online or call us today to get started.