Who Owns the Patient? Client Ownership in Physiotherapy Clinics

One of the most sensitive and commonly disputed issues in physiotherapy clinics is client ownership.

When a practitioner leaves a clinic, questions often arise around:

• who the patient belongs to

• whether the practitioner can contact patients

• whether the clinic can retain those patients

These situations can quickly become contentious, particularly where expectations were never clearly defined.

Client ownership is not just a business issue. It directly affects relationships, reputation, and continuity of care.

Why Client Ownership Becomes an Issue

At the outset of the relationship, both the clinic and the practitioner may assume they have a clear understanding of how patient relationships work.

In practice, this understanding is often informal.

As the clinic grows and practitioners develop their own client base, the issue becomes more complex.

Problems typically arise when:

• a practitioner leaves the clinic

• the clinic wants to retain patients

• the practitioner wants to continue treating those patients

Without clear terms, each party may have a different view.

The Clinic’s Perspective

From the clinic’s standpoint:

• patients are introduced through the clinic

• marketing, branding, and systems are provided

• administrative support facilitates patient relationships

Clinics often view patients as part of the business they have built.

The Practitioner’s Perspective

From the practitioner’s standpoint:

• they build personal relationships with patients

• patients may return specifically for that practitioner

• continuity of care is important

Practitioners often feel that patients follow the provider, not the clinic.

What the Law Looks At

Client ownership is not determined by a single factor.

Instead, it depends on:

• the terms of the agreement

• how the relationship is structured

• regulatory obligations relating to patient care

Courts tend to interpret restrictions narrowly, particularly where they affect a patient’s ability to choose their provider.

Non-Solicitation vs Non-Competition

Most clinic agreements include non-solicitation clauses rather than non-competition clauses.

A non-solicitation clause typically restricts:

• actively contacting or encouraging patients to leave the clinic

It does not usually prevent:

• patients from choosing to follow the practitioner on their own

Understanding this distinction is critical.

The Role of Patient Choice

In healthcare settings, patient autonomy is an important consideration.

Patients have the right to:

• choose their provider

• continue care with a practitioner of their choice

Agreements cannot override these principles.

How Agreements Should Address Client Ownership

1. Define the Relationship Clearly

Agreements should clarify:

• whether patients are considered clients of the clinic

• how patient relationships are managed

2. Include Appropriate Non-Solicitation Terms

Non-solicitation clauses should:

• be reasonable in scope

• focus on active solicitation

• reflect regulatory considerations

Overly restrictive clauses may not be enforceable.

3. Address Communication on Departure

Agreements should set expectations around:

• how patients are informed when a practitioner leaves

• what information can be shared

• how continuity of care is handled

4. Align With Regulatory Obligations

Healthcare professionals must comply with standards that prioritize patient care.

Agreements should not prevent:

• appropriate communication with patients

• continuity of treatment

Common Mistakes Clinics Make

Clinic owners often:

• assume patients automatically belong to the clinic

• rely on vague or informal arrangements

• use overly broad restrictions

These approaches can lead to disputes and enforcement challenges.

Why This Matters for Physiotherapy Clinics

Client relationships are central to the business.

Unclear or poorly structured agreements can lead to:

• loss of patients

• reputational issues

• disputes between clinic and practitioner

Clear, balanced agreements help manage expectations and reduce risk.

Speak With a Lawyer Who Works With Clinic-Based Businesses

If your agreements do not clearly address client ownership or you are dealing with a situation where a practitioner is leaving, it may be time to review your structure.

If you are setting up or updating agreements for your physiotherapy clinic, you can Book a Consultation to discuss your situation and next steps.