Telemedicine Malpractice in Georgia: Virtual Care and Real Liability

When care delivered by video or phone goes wrong, the claim is still a malpractice claim, and the Georgia Composite Medical Board has written down conditions that a physician must meet to practice within the minimum standards of practice when treating or consulting by electronic means. The rule describes how that care is supposed to be delivered.

The Board’s Rule

Under Rule 360-3-.07, “Practice Through Electronic or Other Such Means,” the Board relies on OCGA 43-34-8 and 43-1-19 for its authority “to take disciplinary action against licensees for unprofessional conduct, and in connection therewith, to establish standards of practice.” The rule provides that “in order for a physician to practice within the minimum standards of practice while providing treatment and/or consultation recommendations by electronic or other such means, all the following conditions must be met” (Rule 360-3-.07(a)):

• “All treatment and/or consultations must be done by Georgia licensed practitioners.”
• A history of the patient must be available to the Georgia licensed physician, physician assistant, or advanced practice registered nurse providing the treatment or consultation.
• That clinician must either have “personally seen and examined the patient and provide[] ongoing or intermittent care by electronic or other such means”; or be providing care at the request of a Georgia licensed physician, physician assistant, or advanced practice registered nurse “who has personally seen and examined the patient”; or be providing care at the request of one of the agencies the rule lists, such as a public health nurse, a public school nurse, or the Department of Family and Children’s Services, and be able to examine the patient with technology and peripherals that are equal or superior to an examination done personally; or be “able to examine the patient using technology or peripherals that are equal or superior to an examination done personally by a provider within that provider’s standard of care.”
• The clinician “must maintain patient records on the patient and must document the evaluation and treatment along with the identity of the practitioners providing the service,” and provide a copy to a referring practitioner.
• A physician who delegates to a nurse practitioner or supervises a physician assistant doing telemedicine must document to the Board that telemedicine is within the physician’s scope of practice and that the nurse practitioner or physician assistant has demonstrated competence.
• The patient or the patient’s agent must be given “the name, credentials and emergency contact information” of the Georgia licensed clinician, and “clear, appropriate, accurate instructions on follow-up in the event of needed emergent care.”

The rule text quoted here is the version published on the Secretary of State’s rules site as read on September 30, 2026.

The Duty in a Civil Claim

The statute that creates the tort speaks of the profession, not the medium: a person who practices medicine for pay must bring a reasonable degree of care and skill to the work, and an injury caused by a lack of that care and skill is a tort that supports recovery (OCGA 51-1-27). The Board’s rule states its own purpose as disciplinary, so the civil claim still turns on the reasonable degree of care and skill that statute requires, proved through a qualified expert.

Proving a Claim

A plaintiff alleging professional malpractice against a licensed professional on the statute’s list must file with the complaint a competent expert’s affidavit that names at least one negligent act or omission and the facts behind each claim (OCGA 9-11-9.1(a)). The list includes medical doctors, nurses, and physicians’ assistants (OCGA 9-11-9.1(g)).

In a medical malpractice action, an expert may give a standard-of-care opinion only with actual professional knowledge and experience in the specialty at issue, gained by regularly practicing or teaching it for at least three of the last five years often enough, as the judge determines, to know how to perform the procedure, diagnose the condition, or give the treatment in question (OCGA 24-7-702(c)(2)(A)). In Dubois v. Brantley, 297 Ga. 575 (2015), the Supreme Court of Georgia held that the “appropriate level of knowledge … in performing a procedure” means enough knowledge to give reliable opinions, and that the trial court did not abuse its discretion.

Frequently Asked Questions

Does the rule limit phone calls with a doctor the patient already sees?
No. The rule “should not be interpreted to interfere with care and treatment by telephonic communication in an established physician-patient relationship, call coverage for established physician-patients relationships, or telephone and internet consultations between physicians, nurse practitioners, physician assistants, other healthcare providers or child protection agencies” (Rule 360-3-.07(b)).

Does a telemedicine patient ever need to be seen in person?
The clinician “must make diligent efforts to have the patient seen and examined in person by a Georgia licensed physician, physician assistant or nurse practitioner at least annually” (Rule 360-3-.07(a)).

Must the expert be from the same profession as the telemedicine clinician?
Generally, yes. In Hankla v. Postell, 293 Ga. 692 (2013), the Supreme Court of Georgia held that the expert must belong to the same profession as the defendant, or be a physician who meets the supervision requirement of OCGA 24-7-702(c)(2)(D), even if the expert has personal knowledge of and experience with the treatment at issue.

How long does a patient have to sue?
Two years after the injury occurred, and in no event more than five years after the negligent act or omission (OCGA 9-3-71).

Sources and Legal Authorities

• Ga. Comp. R. & Regs. 360-3-.07 (Georgia Composite Medical Board)
• OCGA 51-1-27
• OCGA 9-11-9.1(a), (g); OCGA 24-7-702(c)(2)(A); Hankla v. Postell, 293 Ga. 692 (2013); Dubois v. Brantley, 297 Ga. 575 (2015)
• OCGA 9-3-71

Disclaimer

This article provides general information about telemedicine malpractice claims under Georgia law. It is not legal advice and does not create an attorney-client relationship. Whether a claim exists depends on who provided the care, how it was provided, and the specific facts. A person harmed by care delivered by telemedicine should consult a licensed Georgia attorney promptly about the particular situation.