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Can urgent care be held accountable for misdiagnosis,, prescribing wrong medicine and the wrong dosage?

Durham, NC |

My son had red spots, covered the right arm and was spreading to the left. At urgent care, the doctors said it was a bad eczema outbreak. We explained over and over, he'd never had anything like this before. We were given a steroid shot and antibiotic. Two days later, no improvement so we went to the pediatrician...they said the antibiotic does was to small for his weight, doubled the dosage, plus a second antibiotic. The next day no improvement, so we went to an emergency appointment at the dermatologist. Immediately diagnosed with a rare eczema /viral infection needing an antiviral antibiotic. Sent to the hospital, admitted and remained in the hospital for over a week b/c we did not receive antiviral antibiotic resulting in the spread of the eczema herpeticum.

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Attorney answers 4


I am sorry to hear that your son had to suffer like that. First, obviously your son was misdiagnwhether you have a case will depend on if

Benjamin Harris Van Steinburgh

Benjamin Harris Van Steinburgh


Sorry, I hit send by accident. As I was saying, obviously your son was misdiagnosed, the issue will be whether the misdiagnosis was a deviation from the standard of care. Second, you must have had significant enough damages that it will be worthwhile to pursue a claim. I would be happy to speak with you about your case, contact our office at 919-783-5900.


You may want to discuss this with a local personal injury attorney. Gather up all of your sons medical records and bring them to your consultation. The attorney will likely select an expert to review the records to determine if your doctors exercised the appropriate standard of care. I am sorry you are going through this, best of luck.


If the urgent care breached its standard of care, and it sounds like it possibly did, then you may have a potential medical malpractice case. These cases are very expensive though, so the issue is going to be whether the damages are high enough to justify such a lawsuit. With all of the "tort reform" in North Carolina, litigating medical malpractice cases is difficult. If you would like a referral to a medical malpractice firm or two around the Durham area, you're welcome to give me a call.

T. Shawn Howard
Maginnis Law, PLLC

The information provided should not be considered legal advice and does not create an attorney client relationship. I am not licensed to practice in any State other than North Carolina. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.


The cost of a malpractice suit will likely exceed the recovery here, but contact one of the above malpractice lawyers in your state to investigate.

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