So are you are already an attending physician with a physician employment agreement. Perhaps you are thinking about a change. If so, you need to understand your current obligations before you enter into a new agreement and start a transition. Perhaps you have a question or problem with your existing practice. Either way, you need a path with solutions without getting entangled in unnecessary legal conflicts or expense. Mr. Gunn has personally handled over 500 Physician employment contracts, many of which have involved transition related issues. Transitions generally involve a two-step process:
Step 2: Analyze and understand the new contract to make sure the new medical contract is fair and reasonable. Also, does it conflict with your existing medical contract?
First, physicians must recognize the difference between merely understanding the words and phrases contained in a physician employment agreement and understanding all of the practical implications of those same words. An experienced medical contract review attorney can explain terms and the practical implications, which sometimes do not need negotiation. Other times, there may be unfair or unenforceable terms and/or special considerations which call for creative solutions. Second, a medical contract attorney experienced with physician employment contract review will be able to formulate creative solutions to difficult problems. A medical contract attorney experienced with physician employment contract review can also suggest helpful negotiation points and strategies. Some physicians may want to handle negotiations directly. Having an experienced medical contract review attorney guiding you can help avoid future problems and unnecessary and expensive disputes. Some physicians may wish to have a lawyer handle physician employment contract agreement negotiations directly. Each and every situation is different. A medical contract review attorney should be able to provide the level of assistance that fits your particular situation. Experience counts. Mr. Gunn has personally handled more than 500 physician employment contracts. Some physician employment contracts provide that in the event of litigation, the prevailing party is entitled to recover (in addition to all other remedies) attorney fees and costs. While sometimes tending to promote negotiated solutions, such clauses may also be used as an oppressive weapon, especially if the physician employment agreement is one sided. All-out litigation is generally expensive, time consuming, stressful and risky. As a result, it is almost always better to find a negotiated solution rather than proceed to litigation or arbitration. But to reach such solutions, you need someone with experience. An experienced medical contract attorney can often craft and negotiate agreements and solutions that will avoid the time, trouble and expense of litigation.
Physician employment contract issues can be thorny and contentious. The first step is to clearly understand the relative rights, responsibilities and obligations of the parties to a physician employment agreement. Problem solving does NOT always mean litigation or arbitration. When all is said and done, creative negotiated solutions are frequently less expensive and more palatable then all-out litigation. You should consult with a medical contract attorney interested in and experienced with formulating creative, negotiated, non-litigation medical contract solutions.