Medical Malpractice Claims Involving Remote Patient Monitoring

Key Takeaways

• Remote monitoring does not lower the standard of care a provider owes a patient.
• Missed alerts and slow responses are common sources of claims.
• Device makers and monitoring companies may share responsibility.
• Device logs and billing records can show what a provider knew and when.

A medical malpractice claim involving remote patient monitoring may arise when a provider fails to review, act on, or properly manage health data sent from a patient’s home device. If a missed alert or delayed response leads to a serious injury, the patient may have a claim against the provider, the practice, or another responsible party.

How Can Remote Patient Monitoring Lead to Malpractice?

Remote patient monitoring uses devices at home to track health data, such as blood pressure, blood sugar, heart rhythm, and oxygen levels. The device sends readings to a doctor’s office or a monitoring service. The goal is to catch problems early, before they become emergencies.

That goal only works if someone acts on the data. When a provider agrees to monitor a patient remotely, the provider takes on a duty to review the readings and respond appropriately. The standard of care is the same one that applies in an office visit.

Problems that can lead to a claim include:

• Alerts that go unread for hours or days.
• Warning thresholds set too high to flag a real danger.
• Readings reviewed but not followed up with the patient.
• Poor instructions that leave a patient using a device incorrectly.
• Gaps in communication between a monitoring company and the physician.

Consider a heart patient whose wearable device flags an irregular rhythm overnight. If no one reviews the alert until the next week and the patient suffers a stroke in the meantime, the delay may support a malpractice claim.

Who Can Be Held Responsible?

Remote monitoring often involves several parties, which can make liability more complex than in a typical malpractice case.

Possible defendants may include:

• The treating physician or nurse practitioner who ordered the monitoring.
• The medical practice or hospital that runs the program.
• A third-party company hired to watch the data around the clock.
• The manufacturer of a defective device or software platform.

The type of claim depends on what went wrong. A provider who ignored a clear warning may face a malpractice claim. A device that failed to send data because of a design flaw may lead to a product liability claim instead.

Contracts between practices and monitoring vendors can also matter. These agreements often spell out who must review readings and how quickly. They can reveal whether the practice or the vendor failed to act.

What Evidence Supports a Remote Monitoring Malpractice Claim?

Remote monitoring creates a detailed digital trail. Unlike many traditional cases, the records can show exactly when data arrived and when someone looked at it.

Helpful evidence may include:

• Device data logs with time-stamped readings.
• Alert histories showing when warnings were sent and opened.
• Patient portal messages and phone call records.
• The patient’s medical chart and care plan.
• Billing records for remote monitoring services.

Billing records deserve special attention. Providers often bill specific codes for time spent reviewing remote data. If a practice billed for monitoring during a period when alerts went unanswered, that gap can be powerful evidence.

Illinois law also sets procedural rules for these cases. A plaintiff generally must file an affidavit along with a written report from a qualified health professional stating that the claim has merit. Claims must also be filed within strict time limits, generally two years from when the injury was discovered, with outer limits that apply regardless of discovery.

Frequently Asked Questions

Does a patient have to live near the provider?

No. Remote care can cross county lines, which may affect where a lawsuit is filed.

Can a patient share fault for not wearing a device?

It can be argued. Courts review whether instructions were clear.

Does Illinois cap malpractice damages?

No. The Illinois Supreme Court struck down those caps in 2010.

A Belleville Medical Malpractice Lawyer at The Cates Law Firm Can Hold the Provider Accountable

Patients in the Metro East who suffered harm from a missed alert or faulty monitoring program can turn to The Cates Law Firm for guidance from a Belleville medical malpractice lawyer. We offer free consultations from our office in Swansea, Illinois. Call 618-277-3644 or reach out to us online to learn more about available legal options.