A medical mistake that leads to an injury or worsens or damages your health can change your life. A medical malpractice lawyer in your area will take time to explain what happens if an urgent care commits malpractice. They will explain how to document your injuries and their costs. They will also explain the steps involved in recovering medical and other damages.
If you or a loved one was treated at an urgent care and the care you received did not meet the acceptable standard in your state, you can sue the facility and others for financial compensation. Your lawyer will define malpractice and consult with medical experts and specialists to prove your injuries fit the parameters of malpractice. They will also help you take on the insurance company and their adjuster.
What Is Considered Medical Malpractice at an Urgent Care?
Every negative outcome of care you receive might not entitle you to compensation. On your own, it can be hard to determine when medical care was faulty. Any care you receive in urgent care that falls below the accepted standard of care could be considered malpractice. Examples include:
- Misinterpreted rapid test results
- Mis-, missed, or delayed diagnosis
- Failure to properly treat
- Medical equipment malfunction
- Undocumented or ignored drug allergy
- Failure to properly monitor a patient
- Incorrect prescriptions or dosages
- Medication errors, including administering the wrong medication
Urgent care facilities are often fast-paced, but this does not excuse negligence by any medical professional. Proving the medical treatment you received there was negligent can be difficult without legal guidance. If a lawyer represents you, they can handle this daunting task for you while you focus on healing from your medical condition.
How Can You Prove the Urgent Care Committed Malpractice?
To sue an urgent care, you have to prove they owed you a duty of care and did not provide it. That could require a Certificate or Affidavit of Merit, a specialized legal document that supports your right to compensation.
It will contain statements and evidence from a qualified medical expert attesting:
- To the standard of care you should have received
- That the care you did receive was substandard and led to a medical error
- That your case has merit and validity
This document is required and should be filed alongside your lawsuit. It must also be prepared by a qualified medical expert on par with the medical provider who treated you. Your personal injury attorney will identify a qualified candidate and obtain this mandatory document for you.
For legal consultation, call (410)777-8960
What Compensation Is Available for Victims of Urgent Care Malpractice?
Recovering from a medical error can involve repeated or corrective care, surgery, rehab, or therapy. You can recover all the medical expenses related to your injury or damaged health and recovery. In addition, you can request compensation for the following damages:
- Loss of current and future income
- Loss of the ability to earn in the future
- Resulting impairments or disfigurement
- Physical and emotional pain and suffering
- Wrongful death damages, if applicable
When building your evidence collection, your medical malpractice attorney may also include a statement from you that describes the loss of enjoyment of life you experienced due to a medical error. This loss may also be recoverable in a medical malpractice claim.
Additional evidence will include medical records from the urgent care and from prior to that visit to describe your health before you were injured. It can also include statements from the medical staff and other patients, hospital security or surveillance video, prescription records, and diagnostic test results.
Is There a Time Limit to Suing for Malpractice Against an Urgent Care?
The medical malpractice time limit, called the statute of limitations, is generally five years, according to Md. Cts. & Jud. Proc. Code § 5-109. It can be very difficult to comply with this filing deadline since it can be hard to pinpoint the exact date of your injury, its manifestation, or its discovery.
Missing the filing deadline could prohibit you from filing your lawsuit at all or result in its immediate dismissal. If that happens, you could be left with no legal avenue that compels the at-fault party to compensate you. Your lawyer will handle this complex part of your case and explain the steps they will take to file your lawsuit within the allotted time.
Is It Worth It to Hire a Malpractice Lawyer to Sue an Urgent Care?
In most cases, it will cost nothing upfront to hire a lawyer to deal with the insurance company on your behalf. Doing so without legal support can be frustrating and stressful. When a lawyer represents you, they will do all the hard work and legwork. They will also cover all the expenses of:
- Obtaining medical and other evidence
- Completing and filing your insurance claim
- Filing your lawsuit in the court system
- Identifying and consulting medical experts
Rather than traditional hourly fees and retainers, a medical malpractice lawyer in your area will accept a percentage of your financial award as compensation. If you do not receive compensation, you will owe no legal or attorney’s fees at all.
What Can an Urgent Care Medical Malpractice Lawyer Do?
You deserve time to focus on getting better. To avoid losing time to file your lawsuit on time, your lawyer will take the following actions on your behalf:
- Interpret and meet the statute of limitations
- Clarify legal and insurance language
- Respond promptly to questions and concerns
- Determine the monetary value of your case
- Speak with all interested parties on your behalf
Your legal team can also provide you with regular updates on the progress of your case, so you are not left wondering about its developments and outcome. They will also field settlement offers, send appropriate counteroffers, and negotiate the best possible outcome for you and your family.
Get Help With Your Urgent Care Malpractice Case Now
If you or a loved one was injured by substandard medical care you received in an urgent care facility, we can help you recover appropriate damages. If an urgent care commits malpractice, their medical error can damage your immediate and future health.