7 Dangerous Physician Employment Contract Terms

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Avoid these potentially significant litigious clauses that could cost millions.

無論醫生是否了解條款,醫生就業合同就具有法律約束力。不幸的是,一些醫生合同術語產生了重大危險。以下是七個合同術語,應該提高紅旗和醫生的眉毛。


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賠償條款

Indemnification is a legal term meaning that one party agrees to pay the expenses and costs of another party for something the first party either has or has not done. By agreeing to indemnify a group or hospital, the physician is agreeing to pay foralllosses or damages that they could possibly sustain because of the actions being indemnified.

Such damages could include lost profits, lost goodwill, loss of contracts, increased malpractice costs and for anything related to the actions being indemnified.


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If a physician agrees to indemnify a group or hospital for damages related to the provision of medical care and the group or hospital is later named in a malpractice lawsuit as a codefendant, the physician is agreeing to personally pay all the other party’s costs relating to the claim — including attorney’s fees, court costs, expert witness fees, costs of copying medical records and any other costs – including legal judgments against the group or hospital (which could total millions of dollars). Indemnification can apply to government investigations, fines, allegations of lost profits, and loss of revenue.

賠償也可能使醫療事故保險覆蓋無效,因為它將弊端(疏忽治療患者)轉變為合同責任(同意償還醫院或集團)。合同負債未被專業責任保險涵蓋。一些弊端的保險公司現在詢問醫生是否已同意作為保險申請的一部分賠償。

If a medical malpractice insurer wants to know whether you have ever “signed a contractual agreement where you agreed to indemnify others,” you can be relatively sure that signing such agreements will adversely affect your insurance premiums.

更糟糕的是,如果您簽署了賠償協議,請檢查“否”,如果弊端案件提交了弊端,則可以向保險公司拒絕承保人。賠償條款為醫生創造了一個“不可隱曆的風險”,可能導致數百萬美元的預付款費用。絕不agree to indemnification.


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Supervision of Advanced Practice Providers
同意監督先進的實踐提供商可能代表具有重要的法律風險。如果應用程序承諾弊端,監督應用程序的醫生可能會在“船舶教義的船長”下持有責任,並且可以對別人和國家醫療委員會的疏忽監督應用程序負責。

Agreeing to supervise other practitioners may also be considered an “administrative duty” that is not covered under a medical malpractice insurance policy. Physicians who choose to supervise APPs and to be responsible for their actions may consider adding language to the contract that provides the physician with necessary insurance coverage for supervision of APPs that requires the supervised APPs be properly trained and insured for the care they provide. That gives physicians the option to decline to sign necessary documents and immediately cease supervising any APP that, in the physician’s sole opinion, does not provide appropriate medical care.

Due Process Waivers
醫院傑拉夫幾乎普遍要求醫院在從醫務人員刪除醫生之前提供醫生。程序正常的過程一般需要適當通知具體費用,就擬議行動的案情聽取了公正的法庭,一個發現的機會,有機會展示辯護並呼叫證人,爭取反​​對證據的權利和爭執的權利。檢查不利的證人,並由律師代表的權利。

由於強迫醫生在沒有聽證會的情況下立即辭職的醫院立即辭職醫院,可以輕鬆地從醫院的要求中刪除醫生。大多數專業醫療組織都有反對包括任何醫療雇傭協議的適當加工豁免的政策。

Acceleration
Although the contract period in physician employment agreements averages one- to two-years, contract termination clauses usually allow either party to end the agreement with a specified amount of advance written notice (called the “out clause”). The “out clause” is typically 60- to 90-days.

Acceleration means that once the physician provides written notice of intent to terminate the agreement, the group or hospital can “accelerate” the date of termination and fire the physician immediately. For example, a physician could give notice of intent to terminate on March 1 with an anticipated departure date of June 1.

與加速度,或醫院instead terminate the contract on March 1 – the date on which notice was given. In that case, even though the physician planned on receiving three months of additional income in the current job before leaving, instead the physician will suddenly receive no income for those three months.

加速子句的最大問題是調用子句的能力是可選的。這使醫生能夠在離開工作時提前計劃的很少能力,並且可能導致醫生沒有幾個月的工資。除了為選擇終止合同的醫生施加金融負擔之外,沒有合法的商業目的。

Exclusivity
排他性是a contract term that prevents physicians from providing medical services for other entities without prior approval of the entity with whom the physician is contracting. Being on staff at only one facility constitutes another significant threat to the physician’s income if the physician is suddenly terminated from that facility.

Before being able to re-establish an income stream, the physician would have to find another hospital, interview, complete an application, wait for references, wait for application approval, receive a job offer, possibly wait for state licensure, go through the credentialing process, receive staff privileges, get on the department schedule and then work for a month before receiving a paycheck.

這些流程需要數月才能完成,這意味著醫生在此期間沒有收入。在醫生合同中需要獨家績效並沒有非常令人信服的理由。如果醫院不希望醫生為直接競爭對手致力於直接競爭對手,防止醫生在特定設施中工作的限製性契約將保護醫院的利益,而不會對醫生的財務健康造成嚴重破壞。

Exclusivity agreements typically only forbid the practice of medicine, not the practice of other professions or the performance of other outside activities. Any arguments that hospitals don’t want outside activities to interfere with a physician’s job duties are insincere at best. The only realistic reason for exclusivity agreements is to allow a hospital or group to use the threat of protracted joblessness to exercise control over a physician’s behavior.

知識產權所有權
Assignment of rights language requires that physicians give rights to any intellectual property the physician creates or conceives of during the term of the Agreement to the hiring entity. Even if a concept is created during a physician’s free time, assignment of rights clauses require that the physician grant a group or hospital exclusive rights to develop, market, and sell that concept regardless of how much free time the physician spends designing and developing it.

Examples of intellectual property could include books, articles, paintings, inventions, devices, methods of practice, and any business concepts. In some cases, the assignment of rights may be limited to intellectual property developed using any of hospital or group’s resources. Those resources could include computers, phones, email systems, patient records, etc. If any of those resources are used in any manner (such as sending an e-mail on a company e-mail account) related to an idea, the entire idea may become the group or hospital’s property. Unless you are being hired specifically to create or develop an idea, don’t agree to assignment of rights.

Withholding Pay
一些醫生就業合同要求醫生在某些情況下允許一家團體或醫院拒絕醫生的賠償。如果據稱文件不完整,或者據稱欠本集團的任何債務,則集團/醫院可以拒絕賠償。

Groups or hospitals could allege incomplete documentation from months or years prior as an excuse to withhold an entire paycheck. On many occasions I’ve seen doctors have their compensation withheld for weeks or months while groups or hospitals repeatedly allege “incomplete charts.” When the physicians complete the requested charts, suddenly new delinquencies appear.

In one recent case, I represented a physician who was removed from a hospital’s schedule (without due process). The contracting group out of Dallas, TX withheld nearly $60,000 in compensation that it allegedly used to pay exorbitant rates to cover shifts that the group itself canceled. If a group or hospital demands the ability to withhold compensation, the contract should require that the physician be notified of any debt within 30 days of when the debt occurs.

如果在給予特定文件缺陷的書麵通知*後,如果沒有在特定文件缺陷的一定時間內(例如,七天)內沒有完成,則隻能扣留額外的補償,如果特定文檔缺陷的書麵通知*,並且應立即發布一旦請求的文件有關已經完成。

While physician employment contracts contain many legal landmines, addressing these seven dangerous physician employment contract terms will help make your contract safer to sign.Want to see if a group or hospital has been involved in prior contract litigation with physicians? Searchhttps://www.judyrecords.com/。本網站列出了超過620萬份訴訟,並經常擴展。

關於作者

SENIOR EDITOR DR. SULLIVAN, an emergency physician and clinical assistant professor at Midwestern University in Illinois, is EPM’s resident legal expert. As a health law attorney, Dr. Sullivan represents medical providers and has published many articles on legal issues in medicine. He is a past president of the Illinois College of Emergency Physicians and a past chair and current member of the American College of Emergency Physicians’ Medical Legal Committee. He can be reached at his legal web sitehttp://sullivanlegal.us.

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