Urgent Care Standard of Care Analysis
Defining "Prudent" Care in a Resource-Limited Environment
In medical malpractice litigation, the central question is often: What would a reasonable physician have done under similar circumstances?
In Urgent Care medicine, the "circumstances" are unique. The Urgent Care center is not an Emergency Room, nor is it a primary care office. It is a distinct environment with specific limitations on diagnostic resources, time, and patient acuity.
Dr. Max Lebow provides expert analysis to define the Urgent Care Standard of Care accurately. He helps attorneys and juries understand that the standard is based on prudent clinical judgment, not the unlimited resources of a hospital or the clarity of hindsight.
The "Resource Gap": Urgent Care vs. Emergency Room
The most common error opposing experts make is holding an Urgent Care provider to the standards of an Emergency Department.
Dr. Lebow clarifies the critical operational differences that define the standard:
Diagnostic Limitations
Unlike the ER, Urgent Care centers generally do not have immediate access to CT scans, MRIs, or comprehensive stat labs.
The "Rule Out" Standard
An ER physician can "rule out" a heart attack with serial troponins. An Urgent Care physician cannot. Therefore, the standard of care for the Urgent Care provider is risk stratification and referral, not definitive diagnosis.
Ambulatory Focus
Patients in urgent care are presumed ambulatory. The standard for triage and monitoring is distinct from the bed-bound monitoring of an ER.
Defining "Reasonable" Care
The law does not require a physician to be flawless; it requires them to be reasonable.
Dr. Lebow's analysis focuses on whether the provider's decision-making was prudent at the time of the visit.
Process Over Outcome
A missed diagnosis is not automatically negligence. If the provider took a thorough history, performed a focused physical exam, and documented their rationale, they may have met the standard of care even if the outcome was poor.
The "Prudent Physician" Test
Dr. Lebow evaluates the case based on his 25+ years of experience and national guidelines: Would a competent urgent care provider have recognized this red flag?
The "Three Pillars" of Urgent Care Standards
When evaluating a breach of duty, Dr. Lebow analyzes three specific areas where the standard of care is most often contested:
The Focused Physical Exam
In the absence of advanced imaging, the physical exam is paramount. The standard requires a focused exam directed at the chief complaint (e.g., a neurological exam for headache, an RLQ abdominal exam for belly pain).
Vital Sign Protocols
"Not heeding an abnormal vital sign" is a frequent breach. The standard of care requires that abnormal vitals (tachycardia, fever, hypoxia) be addressed, re-checked, or explained before discharge.
Referral & Follow-Up
Because Urgent Care is an episodic encounter, the standard of care demands specific "safety netting." Did the provider give time-specific and place-specific instructions on when to seek higher-level care?
Leadership in Establishing Standards
Dr. Lebow does not just opine on standards; he has helped lead the industry that sets them.
Immediate Past President
Urgent Care Association (UCA)
Industry Experience
Founding partner of a clinic system seeing 150,000+ patients annually
Establish the Correct Standard for Your Case
Don't let an opposing expert apply an unrealistic ER standard to your case. Retain an expert who understands the true operating environment of Urgent Care.
Request a Case Evaluation