Can Medical Malpractice Occur at a Health Clinic?

October 3, 2018

Little health clinics are popping up on street corners and big-box stores all over the country as advanced practice clinicians explore a new niche in healthcare opportunities: common, on-demand services for a flat fee.

No longer do patients who simply want the annual flu vaccine or a quick check-up have to wait over a week to see their (often busy) primary care provider. Instead, health clinics provide quick and accessible services for transparent fees, and they’ll often work with insurance providers to minimize or eliminate the cost to individuals.

However, these clinics, like all healthcare providers, come with risks of medical malpractice. It can help to recognize the flaws and benefits of little clinics to better avoid negligent care, and know what may constitute medical malpractice in the unfortunate scenario of suffering harm.

Pros and Cons of Health Clinics

As mentioned, health clinics provide easy and quick access to many simple treatments and preventative care options to Indiana residents. This makes the population better able to avoid medical emergencies and serious illnesses as well as their associated costs.

However, the non-continuous care that patients receive and the loose structure of procedures and policies that often accompany these small businesses can make patients more susceptible to human errors that occur in the healthcare industry.

Physicians’ Errors Can Lead to Malpractice

No matter if your treating doctor is a surgeon in a well-reputed hospital or a physician’s assistant staffing a small health clinic, both owe their patients a duty of care. This means the doctor is bound to provide service above a certain standard; anything negligent or reckless that breaches this standard may be considered medical malpractice.

Medical Malpractice Eligibility

When a patient experiences worsened illness or suffers an injury because of the treatment (or lack of treatment) by a health clinic, they may be able to seek financial compensation through a medical malpractice claim. This can be anything from failure to diagnose a condition, misdiagnosis, mistreatment, or errors in prescriptions.

The Four Parts of Medical Malpractice Liability

Patients seeking to file a medical malpractice claim will then need to prove four things with the help of an experienced medical malpractice attorney:

1. The medical professional owed a duty of care to the patient.
2. The medical professional breached the standard duty of care.
3. The medical professional’s actions or omissions were the direct cause of the patient’s injury/illness.
4. The patient suffered physical, mental, or emotional harm.

To prove all four of these criteria, you and your attorney will need to gather medical evidence and professional testimonies from other care providers. It is often a long legal battle, even when it seems as if the malpractice is obvious.

Unfortunately, there are many legal systems set up to protect doctors from medical malpractice claims. The insurance carriers, clinic administration, and even Indiana’s state government may all be involved in defending the physician, which means injured patients may find they need strong representation if they hope to succeed in settling their claim, even out of court.

Medical Malpractice Attorneys for Indiana Patients

If you’ve been harmed after being treated at a health clinic, you should know your options for seeking compensation for your injuries. It’s possible you may be able to receive damages through filing a medical malpractice claim, but you may discover you require professional help from an experienced malpractice attorney.

Hensley Legal Group’s medical malpractice attorneys are here to protect Hoosiers and help them assert their legal rights. Call us or contact us online to begin a conversation about your case. Your call is free, and we won’t be paid until you are.