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Physician Contract Negotiation Lawyer

When meeting with other doctors in the office, a doctor should know how long they have been there, how patients are, how the doctor`s extensors are used, how often doctors are on call, how much work there is and anything he may think that affects daily life in practice. You need to be sensitive to the “feeling” of the place. Do doctors and staff seem happy or tense? What is the reputation in the community of physicians in practice? Far too many doctors simply neglect non-compete obligations. This is a big mistake. As our labor attorneys in Dallas have already discussed, a properly worded non-compete clause can be applied in Texas. Before signing a doctor`s contract, it is crucial that you pay close attention to any non-compete obligations. While you plan to stay in this position for the long term, you never know what the future holds. One. Ask a lawyer to review an employment contract before signing it. An experienced lawyer will notice provisions that seem harmless, but are actually problematic. Often, a lawyer will be able to suggest additional wording to complement the language. Physicians should ask many questions about the proposed job: What would be the duties, including non-patient nursing duties? When should the doctor call, and what would that mean? How are call tasks determined and assigned? If compensation is partly based on productivity, how would this be measured? How are patients assigned? Would the doctor replace someone who left the office? (If so, the doctor should try to get that person`s name and ask them why they left.

Then the doctor should follow by calling that person to hear what they have to say.) In times of increasing malpractice insurance costs, physicians must ensure that the employment contract clearly states the employer`s obligation to provide them with malpractice insurance at the employer`s expense. The contract must indicate the amount of insurance to be provided and must be appropriate both to protect a physician`s personal resources and to meet the applicable requirements of state law. If the law of the State where the physician will practise requires additional payment to a state reinsurance fund or similar institution, the employer`s obligation to pay must also be indicated. A lawyer can advise the doctor on other important issues related to malpractice insurance, such as . B.dem scope of coverage and provisions on how a legal defense is handled by the insurance company when the physician is sued. Having to read something twice in a contract to understand what it means can be a good indication that the language is ambiguous. Even if it seems clear, there may be another way to read a provision that can lead to difficulties. Doctors don`t want to be in a position where they think they have to do one thing, but their boss thinks they promised to do something else, or where their view of their time commitments is different from their boss`s.

This is an area where legal counsel is needed, as lawyers are trained to be sensitive to possible alternative meanings in the language. Find resources and templates for employment contracts for physicians in an individual or group practice. Some non-compete obligations stipulate that you will not be able to work for a certain period after the end of the contract. Others say you can`t look for a job within a certain radius of their establishment. A good lawyer will ensure that any non-compete obligation gives you a fair opportunity to work elsewhere when you leave your job. Action Step physicians should review the language and impact of the contract term and termination provisions with their lawyer and ensure that the terms and conditions are fair and reasonable. Vague provisions should be clarified. If the new employer does not accept the changes to achieve these results, a physician should seriously consider accepting the position. If you receive an offer or letter of intent, hire a lawyer to review the offer or letter of intent before signing anything. Since healthcare is comprehensively regulated, medical employment contracts often have to meet very specific legal requirements that do not apply to typical employment contracts.

Therefore, a general business lawyer, e.B. A lawyer who handles real estate transactions for your family may not be the right lawyer to verify your contract or letter of intent. Just as there are physicians who specialize in various aspects of medical practice, there are lawyers who specialize in reviewing physicians` employment contracts. Just as physicians specialize in certain types of medicine, lawyers specialize in certain types of law. Do not hire a lawyer unless he or she has particular experience in reviewing doctors` employment contracts. In some cases, a contractual dispute is necessary to keep the employer`s promises contained in a doctor`s employment contract. .