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Case Types

Urgent Care Malpractice Case Types

Expert Review for Common & Complex Urgent Care Scenarios

Urgent Care medicine is a high-volume, high-risk environment where providers must make rapid decisions with limited diagnostic resources. Unlike the Emergency Department, Urgent Care centers generally lack immediate access to CT scans, MRIs, and comprehensive labs.

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The Standard of Care in an urgent care setting relies heavily on the provider's ability to perform a focused physical exam, take a detailed history, and recognize "red flag" vital signs that necessitate transfer to an ER. Dr. Max Lebow reviews a wide spectrum of cases involving urgent care negligence and standard of care allegations.

Case Types Detail

1.

Misdiagnosis & Delayed Diagnosis

The majority of high-stakes urgent care litigation involves the failure to diagnose a time-sensitive condition that was mistaken for a benign illness.

Missed Appendicitis

Often misdiagnosed as gastroenteritis or constipation. Dr. Lebow evaluates if the provider performed a proper abdominal exam and documented the ruling out of acute surgical abdomen.

Missed Myocardial Infarction (Heart Attack)

Patients presenting with atypical chest pain or "indigestion" who are discharged without an EKG or appropriate referral, leading to subsequent cardiac events.

Missed Subarachnoid Hemorrhage (Stroke)

"Thunderclap" headaches or neurological symptoms misdiagnosed as migraines or tension headaches without a proper neurological exam.

Sepsis & Severe Infections

Failure to recognize early signs of sepsis (tachycardia, fever, hypotension) in patients presenting with flu-like symptoms or urinary tract infections.

2.

Failure to Transfer & Triage Errors

A critical component of the urgent care standard of care is recognizing when a patient is too sick for the urgent care setting.

Failure to Refer to ER

Cases where a provider attempts to manage a high-acuity patient (e.g., unstable angina, severe abdominal pain) instead of arranging immediate transport to an Emergency Department.

Triage Errors

Issues involving front-desk or nursing triage protocols where patients with critical symptoms (chest pain, active bleeding) were made to wait or were not seen immediately.

Vital Sign Negligence

Failure to heed or document abnormal vital signs (such as high heart rate or low blood pressure) prior to discharge.

3.

Orthopedic & Wound Care Negligence

Urgent care centers handle a massive volume of minor trauma, but errors in management can lead to permanent disability.

Fractures & Missed Breaks

Failure to order X-rays for fall victims or misinterpreting X-rays, leading to delayed healing or non-union.

Wound Infections & Foreign Bodies

Inadequate irrigation or exploration of wounds, leading to retained foreign bodies (glass, wood) or subsequent severe infection.

Tendon & Nerve Injuries

Lacerations where nerve or tendon damage was overlooked during the initial repair.

4.

Documentation & Systemic Errors

Often, the medical record itself is the focus of the litigation. In urgent care, "templated" charts can hide the reality of the patient encounter.

Inadequate Follow-Up Instructions

The most common mistake in urgent care is failing to provide time-specific and place-specific follow-up instructions (e.g., "Return to ER in 4 hours if worsening" vs. "Follow up prn").

"Templated" Physical Exams

Electronic Medical Records (EMR) that auto-populate a "normal" exam that conflicts with the patient's actual presentation or complaints.

Poor History Taking

Failure to document a history that would have revealed risk factors for serious disease.

Case Not Listed?

The categories above represent common case types but are not exhaustive. If you have an urgent care malpractice case that doesn't fit neatly into these categories, please contact us.

Dr. Lebow's expertise covers the full spectrum of urgent care medicine, and he is experienced in reviewing complex, multi-factor cases to determine if the standard of care was met.

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