Trial Attorney Blog
When someone is harmed by a medical mistake, one of the first questions they ask is:
“Can I sue the doctor or clinic — or is the hospital responsible?”
Understanding the difference matters, especially in Georgia, where liability rules for private clinics, hospitals, and medical professionals vary. A mistake in identifying the correct defendant can delay justice or even limit compensation.
Experienced Duluth attorneys frequently explain that while both private clinics and hospitals can be sued for medical malpractice, the standards, legal strategies, and evidence required may differ significantly.
This guide breaks down those differences so injured patients understand their rights, how these claims work, and why having an experienced Medical Malpractice Attorney in Atlanta makes a critical difference.
Understanding Medical Malpractice in Georgia
Medical malpractice occurs when a healthcare professional or facility fails to meet the accepted standard of care, resulting in injury, worsened medical condition, or wrongful death. Common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical mistakes
- Birth injuries
- Medication errors
- Anesthesia complications
- Failure to monitor a patient
- Inadequate medical records or communication
Regardless of whether the mistake occurs in a large hospital or a small private clinic, patients have the right to pursue financial compensation.
But the legal process — and who you can sue — can vary from one type of facility to another.
1. Suing a Private Clinic: What You Should Know
Private clinics operate differently from hospitals. They are typically smaller, independently owned, and sometimes run by the practitioners themselves. These differences impact liability, insurance coverage, and who can be named in a lawsuit.
A. Ownership and Liability Are More Direct
In many private clinics, the doctors who treat you are also the owners. This creates a more direct line of responsibility. You may be able to sue:
- The individual doctor
- The practice or clinic
- Other negligent staff (nurses, assistants)
- Third-party contractors (labs, imaging providers, etc.)
A Medical Malpractice Attorney will investigate which individuals or entities played a role in your injury and determine the strongest legal path.
B. Insurance Policies May Be More Limited
Private clinics often carry lower malpractice insurance limits than hospitals. This means:
- Your claim may require identifying multiple responsible parties
- Settlements might be capped at the clinic’s policy limit
- High-value cases may require litigation to maximize compensation
C. Staff Are Usually Independent Contractors — Not Employees
Unlike hospitals, private clinics frequently use contractors or part-time professionals. This complicates lawsuits because:
- A clinic may deny responsibility for a contractor’s mistake
- The injured patient may need to sue the doctor personally
- More parties may need to be named in the lawsuit to secure full compensation
Because of these nuances, consulting a Medical Malpractice Lawyer is essential before filing a claim.
2. Suing a Hospital: How It Works
Hospitals — whether public or private — operate under a different structure. They are larger organizations with more staff, more resources, and more complex policies. This changes how responsibility is assigned in malpractice cases.
A. Hospitals Are Typically Responsible for Employee Negligence
If a hospital-employed nurse, technician, or staff doctor makes a mistake, the hospital itself may be liable. This principle is called vicarious liability or respondeat superior, meaning an employer can be held responsible for the actions of its employees.
B. But Not All Doctors in Hospitals Are Employees
This is where malpractice lawsuits against hospitals become complicated. Many doctors working in hospitals are actually independent contractors. In these cases:
- Hospitals often deny liability for the doctor’s mistakes
- The lawsuit may need to target the doctor individually
- Evidence must prove whether the doctor appeared to be an employee (control test, uniforms, scheduling, etc.)
A skilled Medical Malpractice Attorney near me will know how to examine contracts, hospital policies, and employment structures to determine responsibility.
C. Hospitals Must Maintain Specific Standards of Care
Hospitals have obligations that private clinics typically do not, including:
- Adequate staffing
- Proper training
- Clean and safe facilities
- Accurate patient records
- Emergency room protocols
- Equipment maintenance
Negligence in any of these areas can result in direct liability for the hospital.
D. Hospitals Often Have Larger Insurance Policies
Because hospitals typically have:
- Higher patient volumes
- More severe cases
- More at-risk procedures
…they generally carry larger insurance policies and access to legal teams. This increases the stakes, makes litigation more complex, and often increases the amount at issue in a settlement.
3. Key Differences: Private Clinic vs. Hospital Malpractice Lawsuits
Here’s a simplified comparison:
IssuePrivate ClinicHospital
Ease of identifying liability Often easier (doctor-owned) Complex (employees vs contractors)
Insurance coverage May be limited Typically higher
Who can be sued Doctor, staff, clinic, third parties Hospital, staff, doctors (varies)
Employment structure More contractors Mix of employees + contractors
Common cases Misdiagnosis, medication errors, minor procedures Surgery, ER errors, birth injuries
Legal complexity Moderate High
Understanding these differences is vital to filing the correct claim.
4. How Duluth Medical Malpractice Lawyers Prove Fault
Winning a malpractice claim requires proving four essential elements:
1. A doctor-patient relationship existed
You must show that the medical professional agreed to treat you.
2. The provider breached the standard of care
Experts examine what a competent provider would have done in the same circumstances.
3. The breach caused your injury
You must show a direct link between the mistake and your harm.
4. You suffered damages
This may include:
- Medical bills
- Lost income
- Pain and suffering
- Permanent disability
- Long-term care costs
- Emotional distress
Because hospitals and clinics each have unique responsibilities, the evidence required may differ, especially regarding staffing, record-keeping, and facility policies.
5. Why You Need a Medical Malpractice Attorney
Medical malpractice cases are among the most complex legal claims in Georgia. You are not simply proving that a mistake occurred — you must prove it violated the medical standard of care. This requires:
- Expert medical testimony
- In-depth evidence review
- Financial impact analysis
- Understanding of hospital and clinic liability laws
A seasoned Medical Malpractice Attorney in Atlanta helps you navigate these challenges and protects your right to compensation.
6. When You Should Contact a Lawyer Immediately
You should speak with an attorney right away if:
- Your condition worsened after treatment
- A diagnosis was significantly delayed
- You were discharged without proper testing
- A medication or surgical error occurred
- A loved one suffered a wrongful death
- You suspect hospital negligence
Georgia has strict filing deadlines (the statute of limitations), so delaying can jeopardize your case.
7. How Finch McCranie LLP Helps Malpractice Victims
At Finch McCranie LLP, we understand that medical malpractice can upend lives emotionally, physically, and financially. Our firm has spent nearly 60 years fighting for injured patients, and we remain one of the most respected plaintiffs’ trial practice firms in Georgia.
Founded in 1965 by Baxter Finch and Claude Ross, Finch McCranie LLP built a tradition of excellence through relentless advocacy and significant verdicts across the state. For decades, our attorneys traveled throughout Georgia, trying case after case and establishing the firm as a leader in personal injury and wrongful death litigation.
Today, we bring that legacy of dedication, discipline, and courtroom strength to every medical malpractice case. Whether your injury occurred in a small private clinic or a major hospital, our team has the experience, resources, and determination to fight for justice.
Conclusion
You can sue both private clinics and hospitals for medical malpractice, but the legal pathways differ significantly. Understanding who is responsible — the doctor, the clinic, the hospital, or multiple parties — is essential to securing fair compensation.
Working with an experienced Medical Malpractice Lawyer ensures you take the right steps, file the right claims, and pursue compensation aggressively and strategically. Whether you were harmed in a doctor’s office or a Duluth hospital, you deserve answers — and accountability.
FAQs
Can I sue a private clinic for medical malpractice in Georgia?
Yes. You can sue a private clinic if a doctor, nurse, or staff member fails to provide the standard of care and you are harmed as a result. Private clinics can be held liable for negligent medical professionals, improper procedures, misdiagnosis, medication errors, and more. A Medical Malpractice Attorney in Atlanta can help determine all responsible parties and preserve key evidence.
Are hospitals also legally responsible for medical mistakes?
Yes. Hospitals can be sued for negligence committed by their employees—such as nurses, technicians, and staff doctors. They may also be liable for unsafe conditions, poor training, understaffing, and inadequate supervision. However, if a doctor is an independent contractor rather than an employee, the lawsuit may need to target that doctor directly.
What is the difference between suing a clinic and suing a hospital?
The main difference is how liability is assigned. Private clinics often have simpler ownership structures, and many doctors are owners or independent practitioners. Hospitals, on the other hand, have larger staff and more complex employment relationships. Determining whether a doctor is an employee or contractor at a hospital greatly affects your case strategy.
Who can I sue if multiple people made mistakes during my treatment?
In many cases, more than one party may be responsible, including:
- The doctor
- The nurse or technician
- The clinic or practice
- The hospital
- Third-party labs or radiology centers
- A skilled Medical Malpractice Attorney can investigate your case, analyze records, and file claims against every liable party to maximize compensation.
How do I prove that medical malpractice occurred?
To win a malpractice case, you must show:
- A doctor-patient relationship existed
- The provider breached the medical standard of care
- The breach caused your injury
- You suffered damages (medical bills, lost income, pain, disability, etc.)
- A Medical Malpractice Lawyer uses expert witnesses, medical records, hospital policies, and testimony to prove these elements.