Physician Employment Agreements: Problem Areas that can be Landmines
We will review the elements of the physician employment agreement that can cause the greatest problems, focusing on the pitfalls and the complications that can develop when the parties do not fully understand what is being agreed to. Such items as corporate practice, term and termination, termination for cause, duties of the physician, call, non-compete clauses, and compensation are all items that should be clearly set out in the agreement and fully understood by the parties.Areas Covered Elements of Physician Employment AgreementsPitfallsComplicating factorsWho Should Attend Hospital executives, particularly CEOs, COOs, CFOs, CNOs, and CMOs,Physicians, Physician practice managers andAttorneys who represent physicians and/or hospitalsWhy Should You Attend Formal written contracts establish the legal relationship between the parties; they state the terms and conditions of that relationship and the rights and obligations of each party. They confirm the intentions and relationships of the parties as they enter into this relationship, and they eliminate uncertainties regarding mutual rights, obligations, and relationships. If everything remained as it was at the time the agreement was signed, there would be little need for formal documents. However, the agreement serves to protect against future disputes. Therefore, it should include as precise language as possible. Ambiguous terms in agreements are of little effect when disputes occur over the meaning of a party's rights or obligations. You should attend to gain an understanding of what should and should not be in a physician employment agreement, as well as the pitfalls of some of the problem areas.
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We will review the elements of the physician employment agreement that can cause the greatest problems, focusing on the pitfalls and the complications that can develop when the parties do not fully understand what is being agreed to. Such items as corporate practice, term and termination, termination for cause, duties of the physician, call, non-compete clauses, and compensation are all items that should be clearly set out in the agreement and fully understood by the parties.
Areas Covered
- Elements of Physician Employment Agreements
- Pitfalls
- Complicating factors
Who Should Attend
- Hospital executives, particularly CEOs, COOs, CFOs, CNOs, and CMOs,
- Physicians,
- Physician practice managers and
- Attorneys who represent physicians and/or hospitals
Why Should You Attend
Formal written contracts establish the legal relationship between the parties; they state the terms and conditions of that relationship and the rights and obligations of each party. They confirm the intentions and relationships of the parties as they enter into this relationship, and they eliminate uncertainties regarding mutual rights, obligations, and relationships. If everything remained as it was at the time the agreement was signed, there would be little need for formal documents. However, the agreement serves to protect against future disputes. Therefore, it should include as precise language as possible. Ambiguous terms in agreements are of little effect when disputes occur over the meaning of a party's rights or obligations.
You should attend to gain an understanding of what should and should not be in a physician employment agreement, as well as the pitfalls of some of the problem areas.