Little Health Law is a boutique, specialized health law practice. Health law is all we do. By “health law” we mean representing healthcare providers. Typically, we represent medical practices and physicians with regard to transactional, contract, regulatory and dispute matters. Over a course of years, we have worked on many hundreds of physician employment matters, including much assistance to physicians accepting physician employment with a hospital system or medical practice and signing a lengthy physician employment agreement.
Physician Employment Contract Attorneys
From our efforts in this regard, we believe the following general points about negotiating a physician employment agreement merit consideration, though in each instance it is advisable that the physician obtain any specific legal advice from his or her personal attorney before they sign the contract.
- Understand it.
Read the contract carefully. Precise wording matters. That seems obvious of course. It is easy, however, to gloss over what feels like pages of legalese and not to grasp what is really agreed to if the contract is signed. Go through the document with a highlighter and pen. Mark it up and take notes. Try to understand what is conveyed. Create an essential list of questions for your lawyer. Once you sign the contract, everything said in the contract is, in effect, being said by you – that is, it becomes your agreement. An “integration” clause will likely be included in the agreement, which is a provision that says no other representations or agreements between the parties (other than what is expressly stated in the contract) are part of the deal. For this reason, it is important that you understand the contract before you sign it.
- Be prompt.
Your prospective employer will more than likely convey a preference about when you sign the contract, perhaps even imposing a deadline. Most of the time, that preference will not be written in stone and the employer may indeed have some flexibility. It is advisable, however, to be sensitive to the employer’s business needs that attend the significant decision to bring own a particular physician. Much expense and trouble are typically involved for a physician employer in adding a physician employee, especially if the employer is a hospital system. While you do not want to sign a physician agreement in a rush, make the effort to be responsive and to comply if possible, with the employer’s stated objective of a signing time.
- Be unassailably reasonable.
It is easy to overlook the fact that the process of receiving, evaluating, negotiating and signing the physician employment agreement is an opportunity for the physician to show that, in addition to being a great healthcare provider, he/she is a true professional. Signing any employment agreement is a form of legal marriage and, whoever your marriage partner is (by way of an employer) it is always helpful to find ways to make a strong positive impression. The physician employment agreement is a great opportunity in this regard. Therefore, in all aspects of the process aspire to be unassailably reasonable: reasonable in any proposed changes to the contract; reasonable in your tone and manner; reasonable in your speed; etc. Demonstrate to the employer that you understand that the employer’s side of the equation matters to you and that you want to please the employer. Conveying a sense that you are reasonable in all that you do will often engender an enhanced ability to obtain concessions you may not have otherwise perceived.
- Rely upon your healthcare attorney.
Signing a physician employment agreement is a significant legal transaction, often one that over a course of years equates to millions of dollars changing hands. Non-compete agreements and numerous other professional ramifications unique to physician employment (e.g. privileges, tail insurance, regulatory compliance, medical board scrutiny) are potentially in play as a result of physician employment. Nobody wants to spend more on professional fees than they have to. We get it. This is not a transaction to skimp on, however. Moreover, in most cases, the cost to use your lawyer for assistance with these types of contracts will not likely be inordinate. Don’t assume the contract is a “take it or leave it” deal or “standard” and, therefore, that your lawyer cannot really assist. Call your lawyer on this one. This contract matters.
- Save a copy of the signed contract.
In our practice we represent many physicians who confront unfortunate disputes tied to their employment or the conclusion of employment. It is very important in those events to have a signed contract to show your attorney. Prior drafts of the contract are inadequate. Be careful to scan and save an electronic copy of the signed contract. You may need it one day.
CONNECT WITH US
Little Health law advises and represents many physicians on physician employment agreement matters. Our firm provides an initial consultation without charge for you to determine if our health law team is a fit for your legal need. Reach out to us today at info@littlehealthlaw.com or 404.685.1662. We look forward to connecting with you.