Why Our Medical Contract Work is Special
Physician contract law should also include financial analysis and career protections. We are one of the few offices with attorneys, MBA’s and RIAs in house so we have special expertise in our contract review. A typical medical contract has pitfalls and hidden dangers which we can uncover and explain to you. Your financial future goes beyond the simple contract and we assist in that as well.
Does a Physician Really Need a Lawyer ?
A physician contract is more complicated than a typical employment contract. Standard contracts are governed (in California) by a variety of case law and statutory protections both state and federal. The 1988 California Supreme Court case, Foley v. Interactive Data is a landmark case that establishes that the employer and employee are free to agree to a contract that modifies established law. So for example a physician contract can be terminable at will or contain certain guarantees of employment. This seems good because it allows a physician to bypass the standard California “at will” firing provisions and a better agreement will be enforced so long as it does not violate certain inviolate rules.
But, large medical groups usually have medical contract specialists on retainer to fashion their contracts in a manner that shifts most negotiated benefits in favor of the group itself.
In larger organizations there are standard contracts such as this one from UCSF. Certain terms and phrases have been litigated so that their interpretation “under stress” can be better evaluated. The terms “under stress” makes sense if you consider a marriage. You exchange vows and everyone knows what you mean. You get divorced and suddenly the vows and promises have different meanings.
For these reasons we recommend that an experienced medical contract lawyer review your contract. You should have a legal view of even honest and well thought out contracts so that you can evaluate the impact not only during the honeymoon but during the “marriage” and potentially on retirement or breakup. Less standard contracts need additional scrutiny.
Beware Negative Incentives & Damaging Protections
We are experts in peer review and medical board defense. We have lost count of the times that peer review or board complaints arose out of nowhere in context of an employment dispute. We review your contract for the hidden pitfalls that incentivize the initiation of adverse actions during contract disputes.
We have attorneys expert in medical contract law but we go further. We have access to compensation database information and we have an in-house staff that includes an MBA and RIA (SEC licensed). Some contracts require little financial analysis but when necessary our MBA and our referral to unbiased, outside RIA’s with exceptional background can ensure that your contract advances a broader strategy of financial safety and development.”
For physician contract review call (925) 283-1863
