Urgent care clinics have become an essential part of modern healthcare, especially for individuals who need fast treatment for non-life-threatening illnesses or injuries. These facilities offer convenient, walk-in medical care without the long waits typically associated with emergency rooms.
But when something goes wrong—whether it’s a misdiagnosis, a treatment error, or a failure to refer to emergency care—the consequences can be serious. In Pennsylvania, patients have legal protections when medical negligence occurs in an urgent care setting.
This article offers a detailed overview of urgent care malpractice in Pennsylvania, including how malpractice is defined under state law, your legal options, and the steps you should take if you believe you were harmed by an urgent care provider’s mistake.
What Is Considered Malpractice at an Urgent Care Facility?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or harm to a patient. In urgent care centers, this can happen when providers act negligently, overlook key symptoms, or fail to follow standard procedures.
Why Are Errors Common in Urgent Care?
Urgent care providers often see a high volume of patients in a short amount of time. This time pressure can lead to oversights like incomplete patient evaluations, failure to conduct necessary tests, or rushed diagnoses.
Examples of Urgent Care Malpractice
Even seemingly small mistakes can have devastating effects. For instance, failing to diagnose a bacterial infection can lead to sepsis, and missing appendicitis can cause a life-threatening rupture.
Common forms of urgent care malpractice in Pennsylvania include:
- Misdiagnosis or delayed diagnosis
- Failure to refer to emergency services
- Incorrect medication prescriptions
- Ignoring known allergies
- Inadequate follow-up or discharge instructions
Understanding the Legal Standard of Care in Pennsylvania
Each state defines its own standards for medical malpractice. In Pennsylvania, the law requires proof that the provider acted outside the boundaries of what another competent provider would have done under similar circumstances.
What Does “Standard of Care” Mean?
The “standard of care” refers to the accepted medical practices and procedures another provider with similar training would follow. When urgent care doctors or nurse practitioners fail to act in accordance with this standard, and their actions result in harm, a malpractice claim may arise.
Proving a Breach of Duty
To pursue a claim, a patient must demonstrate that:
- The healthcare provider owed them a duty of care
- The provider breached that duty through action or omission
- The breach directly caused injury or harm
- The injury resulted in specific, measurable damages
Pennsylvania Department of Health: Oversight of Urgent Care Clinics
Urgent care facilities in Pennsylvania must comply with state health regulations. The Pennsylvania Department of Health monitors these clinics for compliance with staffing, sanitation, treatment protocols, and safety procedures.
Regulatory Violations Can Strengthen Your Case
If an urgent care facility is found to be violating these regulations—such as allowing unlicensed personnel to treat patients or operating without essential medical equipment—this could support a malpractice claim. These violations demonstrate that the clinic failed to provide a safe environment for patient care.
Can You File a Lawsuit Against an Urgent Care in Pennsylvania?
Yes, if you were injured due to medical negligence at an urgent care clinic, you may have legal grounds to file a malpractice lawsuit. However, not every medical mistake qualifies as malpractice.
When Does an Error Become Malpractice?
To file a claim, your case must meet specific legal criteria. The care you received must have deviated from accepted medical practices and directly resulted in harm. If no injury occurred, or if the outcome would have been the same even with proper care, a malpractice case may not be viable.
Required Legal Documentation: Certificate of Merit
In Pennsylvania, a Certificate of Merit is required to accompany any medical malpractice claim. This document must be signed by a licensed medical expert who has reviewed the case and believes there is a reasonable basis to proceed.
How Long Do You Have to File? Statute of Limitations in PA
Pennsylvania law typically gives patients two years to file a medical malpractice lawsuit from the date the injury occurred or from when the injury should reasonably have been discovered.
Are There Any Exceptions?
For minors, the clock does not begin until they turn 18, allowing them to file a claim until their 20th birthday. But for adults, failing to file within the two-year window will almost always result in the loss of your right to seek compensation, regardless of how strong the evidence may be.
What to Do If You Suspect Urgent Care Negligence
If you believe you were harmed by negligent treatment at an urgent care facility, there are several steps you should take right away.
1. Request Your Medical Records
Start by requesting all medical records from the urgent care center. These documents are essential for proving what happened during your visit and whether your symptoms were adequately addressed.
2. Follow Up with Another Medical Provider
Seek a second opinion or further evaluation from a primary care physician or specialist. A professional assessment of your current condition can help clarify whether a prior mistake was made and what the consequences have been.
3. File a Complaint with the Pennsylvania Department of Health
If you suspect that a clinic is unsafe or unqualified to provide care, consider filing a formal complaint. This can prompt a state investigation that may uncover additional evidence of negligence.
4. Speak With a Malpractice Attorney
A Pennsylvania-based malpractice attorney can evaluate your case, determine whether you have grounds for legal action, and help you navigate the legal process.
What Kind of Compensation Can You Receive?
If your malpractice case is successful, you may receive compensation for a range of damages.
Recoverable Damages in a Malpractice Case
Common forms of compensation include:
- Medical expenses (past and future)
- Lost wages due to missed work
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Are There Caps on Damages in Pennsylvania?
There are no caps on compensatory damages in medical malpractice cases in Pennsylvania. However, punitive damages—those awarded to punish egregious conduct—are capped at twice the amount of compensatory damages, and 25% of that amount must go to the state’s MCARE fund.
Frequently Asked Questions
Can I sue an urgent care clinic in Pennsylvania for misdiagnosing my condition?
Yes, you can sue an urgent care facility in Pennsylvania if a misdiagnosis led to harm that could have been prevented through proper medical care. To succeed in such a lawsuit, you must show that the provider failed to meet the standard of care and that this failure directly caused your injury or worsened your condition. Misdiagnoses involving serious conditions like infections, appendicitis, or heart-related issues are especially relevant if urgent and appropriate care was not provided.
How do I prove that urgent care was negligent?
Proving negligence typically requires documentation and expert testimony. First, you’ll need medical records that show what the urgent care provider did or failed to do. Then, a qualified medical expert must review these records and confirm that the treatment deviated from accepted medical standards. Your attorney will help secure this testimony and build the case to show a clear link between the provider’s actions and the harm you experienced.
Does signing a consent form mean I can’t sue for malpractice?
No, signing a consent form does not prevent you from suing if malpractice occurred. Consent forms are meant to inform patients of the general risks associated with treatment, not to waive your right to competent care. If a provider acts negligently or makes a serious error that causes harm, the consent form does not shield them from liability under Pennsylvania law.
Is delayed treatment at an urgent care center considered malpractice?
Delayed treatment can qualify as malpractice if the delay results in significant harm and the delay was due to the provider’s failure to act within the appropriate medical timeline. For example, if your symptoms clearly indicated a need for emergency care but the provider dismissed them or failed to refer you to a hospital, and your condition worsened, you may have a strong legal case.
What damages can I recover in a malpractice lawsuit against an urgent care facility?
In Pennsylvania, you may recover compensatory damages, which include medical expenses, lost wages, future medical costs, and compensation for pain and suffering. If the conduct was especially reckless, you may also be eligible for punitive damages, although these are capped under state law. Each case is different, so your potential compensation will depend on the nature and extent of your injuries.
Final Thoughts: Advocate for Your Health and Justice
Urgent care clinics play a vital role in the healthcare system, but they are not without flaws. When mistakes happen—whether it’s a missed diagnosis, incorrect medication, or failure to act quickly—the results can be catastrophic. Fortunately, Pennsylvania law offers a legal path for patients to hold negligent providers accountable.
By understanding your rights and taking the right steps early on, you can begin the journey toward recovery and justice. Knowing that your case could also prevent future harm to others can bring additional peace of mind.
Contact Purchase, George & Murphey, P.C. Today
If you believe you were the victim of urgent care malpractice in Pennsylvania, don’t delay. The sooner you consult with a qualified attorney, the stronger your case will be. You deserve answers, justice, and compensation for the harm you’ve suffered.
Reach out to Purchase, George & Murphey, P.C. today to schedule a consultation and learn how you can take action.
