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‘Minute Clinics’ Raise Round-the-Clock Risks

By Eric Berkman

  “Minute clinics” will soon be opening in CVS stores across Massachusetts, with nurses dispensing medical advice and prescriptions in what the pharmacy chain claims to be a quick and inexpensive way for patients to get care for minor medical problems. But in approving these clinics, has the state Public Health Council made a risky move?

Doctors, lawyers and consultants warn that the clinics open a host of liability risks and other concerns for the nurse practitioners who will staff them, the physicians who will supervise them and the primary care physicians whose patients may visit them.

Lawyers tell Massachusetts Medical Law Report that the operational model for the typical clinic – a nurse practitioner treating patients on site with the supervision of an offsite physician – creates legal concerns for doctors and nurses alike.

“If I were a physician, I’d be very concerned about trying to supervise someone else at a distance whom I don’t really know, dealing with a patient whom I’ll never see,” said Leonard Simon, a lawyer in Waltham who represents plaintiffs in medical-malpractice cases.

In addition, doctors and lawyers are concerned about the fragmentation of care that could result when patients visit clinics without the knowledge of their primary care physician.

“From what we’ve seen, these clinics are not integrated into the health care systems that have been developed by physicians, provider groups and hospital networks over the last number of years,” says Bruce S. Auerbach, president-elect of the Massachusetts Medical Society and vice president and chief of ambulatory services at Sturdy Memorial Hospital in Attleboro.

With the arrival of limited-service clinics – at more than two dozen CVS stores in Massachusetts this year and probably other retailers in the not-too-distant future – there will be new job opportunities for nurse practitioners and primary care doctors.

But before jumping in, doctors and lawyers suggest that providers:

  • Ensure that the retailer will cover any malpractice claims that arise;
  • Verify that the retailer has acceptable written guidelines for when to refer a patient to their own physician or the emergency room; and
  • Affirm that systems are in place to receive a patient’s medical history and to report details of the visit back to the primary care physician.

Next: Risky Rewards?

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