Yes, you may be able to sue an urgent care clinic in Dallas for misdiagnosis if their negligence caused you harm. Urgent care providers have a legal duty to evaluate, diagnose, and treat patients with reasonable care. If a provider at a clinic fails to recognize a serious condition—or misdiagnoses it entirely—you could suffer delayed treatment, worsening symptoms, or long-term health complications. Texas law allows patients to pursue compensation when a healthcare provider’s actions fall below the accepted standard of care.
What Is Considered Medical Negligence at an Urgent Care Clinic?
Urgent care facilities provide walk-in treatment for non-emergency medical issues, like infections, minor injuries, and flu-like symptoms. However, some urgent care centers are staffed by nurse practitioners or physicians who may overlook serious conditions or dismiss early warning signs.
Examples of negligence at urgent care may include:
- Failing to order necessary tests
- Misreading X-rays or lab results
- Not referring a patient to an ER or specialist
- Dismissing a patient’s symptoms too quickly
- Prescribing the wrong medication
- Diagnosing a serious condition as something minor (e.g., heart attack symptoms as acid reflux)
If the clinic’s staff acted carelessly or rushed your exam, and you were harmed as a result, you may have a valid legal claim.
What Do You Have to Prove in a Misdiagnosis Lawsuit?
To sue an urgent care facility for medical malpractice in Texas, you must prove:
- A provider-patient relationship existed – You were evaluated or treated at the clinic.
- The provider acted negligently – They failed to act as a reasonably careful medical professional would under similar circumstances.
- The misdiagnosis caused you harm – You suffered an injury, worsening condition, or avoidable complications due to the error.
- You suffered damages – These may include physical harm, emotional distress, or financial losses from extra treatment or missed work.
Proving negligence in a misdiagnosis case often requires input from medical experts who can testify about what the provider should have done differently.
What Are the Most Common Misdiagnosed Conditions in Urgent Care?
While many urgent care visits are routine, certain serious conditions are often misdiagnosed or missed entirely. These include:
- Heart attack or stroke misdiagnosed as anxiety or fatigue
- Sepsis or infections mistaken for minor illnesses
- Appendicitis or abdominal pain dismissed as indigestion
- Fractures or internal injuries missed due to lack of imaging
- Cancer symptoms misattributed to temporary illness
- Meningitis in children mistaken for viral infections
When urgent care clinics fail to order appropriate tests or ignore “red flag” symptoms, patients may suffer delayed diagnosis of life-threatening conditions.
What Compensation Can You Recover in a Misdiagnosis Case?
If your case is successful, you may be entitled to recover:
- Medical expenses – Hospital stays, follow-up care, medications, or surgery
- Lost wages – Time missed from work during your recovery
- Future medical care – If the misdiagnosis caused permanent injury or disability
- Pain and suffering – Physical pain, emotional distress, and diminished quality of life
- Loss of earning capacity – If you can’t return to the same job or income level
Texas law also limits some types of damages in medical malpractice cases. For example, non-economic damages (such as pain and suffering) are capped at $250,000 per individual provider.
How Do You File a Medical Malpractice Claim in Texas?
Texas has specific requirements for suing a healthcare provider, including urgent care clinics:
- You must serve written notice of your claim at least 60 days before filing a lawsuit.
- You’re also required to file an expert report early in the case from a qualified medical professional explaining how the care you received was negligent.
- The statute of limitations is generally two years from the date of injury or discovery.
Because of these deadlines and technical rules, it’s important to contact a medical malpractice attorney as soon as possible if you believe you’ve been harmed by a misdiagnosis.
Talk to a Misdiagnosis Attorney in Dallas Today
If an urgent care provider in Dallas misdiagnosed your condition and you suffered as a result, you may have legal options. These cases can be challenging, but with the proper legal guidance, you can pursue the compensation you need to recover physically and financially.
Contact Rochelle McCullough today for a free consultation. We’re here to hold negligent providers accountable.
Frequently Asked Questions
Do I need a lawyer to sue urgent care for misdiagnosis?
Yes. Medical malpractice claims are complex and require compliance with strict rules under Texas law. An attorney can gather medical evidence, consult experts, and handle all legal filings for you.
What if I signed a waiver or acknowledgment form at the clinic?
Signing standard intake forms doesn’t waive your right to sue if the provider acted negligently. These documents don’t excuse a failure to provide proper care or protect the clinic from liability in all situations.
Can I still file a claim if I didn’t go to the ER right away?
Possibly. Every case is different. If your symptoms worsened after being sent home from urgent care—and later required emergency care or caused complications—you may still have a viable case. Early documentation and legal review are critical.