Home Blog Medical Practice Agreement Drafting: Key Terms, Drafting Tips, Lawyer Help

Medical Practice Agreement Drafting: Key Terms, Drafting Tips, Lawyer Help

Jump to Section

What is Medical Practice Agreement Drafting?

A medical practice agreement can take the form of various contracts in the healthcare setting, such as a physician agreement or partnership agreement. It establishes the key terms for parties to navigate their working relationship, such as their rights, duties, compensation, and more.

Read the rest of this article to learn more about medical practice agreements, how to draft them, and why you should hire a qualified lawyer for assistance with the medical practice agreement drafting process.

What are Key Terms in a Medical Practice Agreement?

A medical practice agreement can vary depending on its specific purpose, but it usually contains the following essential information.

  • Parties. This clarifies which parties are involved in the agreement, including their names and legal details of the practice.
  • Compensation. This outlines compensation, such as what a physician signing the agreement will receive in their job role.
  • Covenants. These include non-compete and non-solicitation clauses that prevent a physician or partner in the agreement from working in specific locations or for competitors should they leave the healthcare practice.
  • Duties. This can include clarity about roles, obligations, and patient care duties so parties know what’s expected of them.
  • Ownership. This is a common clause found in partnership agreements, as it clarifies voting rights, ownership percentages, and who has authority to make decisions.
  • Compliance. All medical practice agreements must be legally compliant with licensing requirements and healthcare regulations.
  • Dispute. Should disputes arise between parties, the medical practice agreement should specify how it can be resolved, such as via mediation or arbitration.
  • Confidentiality. Medical practice agreements usually provide provisions for the protection of patient records and sensitive business information.
  • Term and termination. This specifies the grounds for contract termination, such as what notification periods are required and post-termination duties that need to be fulfilled.

What are Mistakes to Avoid When Drafting a Medical Practice Agreement?

Although medical practice agreements can vary in the information they provide to parties, there are some important errors to avoid to protect your interests and minimize your risk of disputes.

Unclear Compensation Terms

One of the biggest pitfalls to avoid when drafting a medical practice agreement is vague payment terms. You should be as detailed as possible when outlining payment terms, such as by including how salaries are calculated and what eligibility criteria is in place for bonuses.

Broad Restrictive Covenants

Covenants might be included in a medical practice agreement, such as non-compete or non-solicitation clauses. These need to be aligned with all relevant laws and reasonable for parties involved so that they don’t harm the career opportunities of the partner or physician leaving the healthcare facility.

Vague Roles and Duties

You should always clearly specify the physician, or other party’s, duties so that there’s no confusion over what is required of them. This should include clinical/patient obligations, administration duties, and more.

General Work Schedules

Another potentially problematic mistake when drafting medical practice agreements is not clarifying work schedules. For example, what are the specific office hours and on-call obligations a physician must fulfill? Similarly, what are the requirements for vacations or paid time off?

Missing Malpractice Insurance Details

A medical practice agreement should specify how much malpractice insurance is provided and what this will cover to protect both parties. It should also cover tail coverage, which comes into play when the contract comes to an end.

Legal Jargon

Your medical practice agreement should always be written in clear, simple language. Avoid confusing legal jargon that can cause misinterpretation and increase your risk of disputes in future.

How Can a Lawyer Help You With Medical Practice Agreement Drafting?

You should hire a lawyer to help you with the drafting of a medical practice agreement. This will give you peace of mind that all terms in the contract are clear and legally valid to protect all parties involved. Here are some things that a lawyer will do to assist you during the drafting process.

  • A lawyer will choose the best legal structure for your practice, such as a partnership, depending on your requirements. This will be aligned with all local laws and regulations.
  • They’ll define ownership and profit-loss allocations to prevent disputes between physicians and stakeholders.
  • They’ll draft clear clauses that explain decision-making authority for clarity about how the medical practice is managed and run.
  • They’ll provide compensation clarity, such as in terms of base salary and product-based bonuses.
  • They’ll ensure healthcare regulatory compliance to avoid penalties or legal disputes.
  • They’ll keep the medical practice agreement fair and balanced, such as with reasonable restrictive covenants.
  • They’ll draft the agreement while assessing future scenarios, such as what happens if a physician or partner leaves the practice or dies. This will reduce the risk of uncertainty.
  • They’ll allocate liability fairly, such as with indemnification clauses.
  • They’ll tailor the medical practice agreement according to the practice's goals and requirements.
  • They’ll negotiate terms in the agreement on your behalf for more favorable, balanced terms.

Where to Find a Lawyer for Medical Practice Agreement Drafting

You might need to find a reputable lawyer but not know where to find one. By using an online legal platform like ContractsCounsel, you can quickly connect to a professional lawyer who will help you to draft a medical practice agreement.

ContractsCounsel is one of the largest online legal marketplaces that gives you access to a network of vetted lawyers. They have the expertise to draft legally-solid and clear contracts.

Here are the easy steps to follow when requesting that a lawyer on the platform drafts your medical practice agreement.

1. Go to the ContractsCounsel marketplace, where you can post your project for free. Include some details of what you require so that you can match with the best lawyer. This can include what specific medical practice agreement you require and why.

2. Wait for lawyer bids. You’ll receive multiple bids from lawyers directly on the platform who are ready to assist you.

3. Review the lawyers’ profiles. After receiving lawyer bids, you should review the lawyers' profiles. There’s lots of info on the platform to help you choose the best lawyer, such as their location, client ratings, years of experience, and field of expertise.

4. Connect with a lawyer you think is best suited to your requirements and hire them to draft your medical practice agreement.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

Chris H. on ContractsCounsel
View Chris
5.0 (23)
Member Since:
June 1, 2023

Chris H.

Lawyer
Dayton, Ohio
3 Yrs Experience
Licensed in CA
Concord Law School at Purdue University Global

As an attorney licensed in California and currently practicing remotely from Ohio, my primary focus is on drafting and reviewing prenuptial and postnuptial agreements. I offer help in drafting or navigating these agreements, ensuring they are tailored to each client's unique situation and needs. While my background includes experience in cybersecurity, my current legal services are centered around family law, particularly in the creation and revision of prenuptial and postnuptial agreements. Additionally, I provide services in wills and trusts, along with other legal areas, to offer comprehensive solutions to my clients.

Recent  ContractsCounsel Client  Review:
5.0

"Thank you so much for helping me out and being very helpful."

Brian W. on ContractsCounsel
View Brian
5.0 (7)
Member Since:
May 18, 2023

Brian W.

Business & Immigration Attorney
Free Consultation
Texas or Alabama
3 Yrs Experience
Licensed in AL
Texas Southern University

As a licensed AL lawyer with over 7 years of experience in the legal field, I have spent more than 15 years working in the business and finance sector. I am deeply passionate about immigration, contracts, & my expertise spans a wide range of projects. From handling ICOs & IPOs to navigating VCs, SaaS, OnlyFans, Wholesaler & Manufacturing Agreements, Prenups, Movie Finance, M & As, Visas, Green Cards and more. I have a comprehensive understanding of various contractual needs. Whatever your contract requirements may be, feel free to reach out to me—I can craft or work on any contract with precision and expertise.

Recent  ContractsCounsel Client  Review:
5.0

"Brian was great to work with and delivered the work requested well before the deadline. He went above and beyond to provide what I needed for my project. Thanks, Brian!"

Nancy S. on ContractsCounsel
View Nancy
5.0 (2)
Member Since:
May 21, 2023

Nancy S.

Attorney
Free Consultation
Houston, Texas
44 Yrs Experience
Licensed in TX
University of Houston

Seasoned corporate, business and real estate attorney with 30 years experience managing private practice groups and in-house legal functions for publicly traded, privately held, and family companies.

Recent  ContractsCounsel Client  Review:
5.0

"I had the pleasure of working with Nancy on a commercial lease for our Business, and I couldn’t be more satisfied with the experience. From our initial consultation to the final signing, her professionalism, deep knowledge of real estate law, and attention to detail were outstanding. What impressed me most was the clear and consistent communication. She took the time to walk me through all clause of the lease on which we had concerns, answered all my questions promptly, and made sure I fully understood my rights and obligations and also suggested modification which would help me as a Tenant. Her expertise helped negotiate favorable terms and avoid potential pitfalls I wouldn’t have caught on my own. If you're looking for a real estate attorney who combines strong legal skills with excellent client service, I highly recommend Nancy. She made a potentially stressful process feel smooth and secure."

Christopher M. on ContractsCounsel
View Christopher
Member Since:
May 22, 2023

Christopher M.

Owner of The McKenna Law Group, LLC
Free Consultation
Frederick, Maryland
23 Yrs Experience
Licensed in MD, VA
University of Richmond, TC Williams School of Law

Skilled and experienced business attorney with vast experience in a wide array of commercial contracts. Strong emphasis on the lodging and hospitality practice field, including real estate acquisition and disposition, management agreements, franchise agreements, design & construction contracting and finance.

Andy K. on ContractsCounsel
View Andy
Member Since:
May 20, 2023

Andy K.

Attorney
Free Consultation
Michigan
16 Yrs Experience
Licensed in MI
Michigan State University College of Law

Licensed in MI since 2010. Practiced SSDI appeals and auto negligence for over a decade until 12/2022 when I left largest personal injury firm In MI to open my own estate planning firm. Looking for part-time contract/remote work to supplement income as I build my own practice.

Bethany T. on ContractsCounsel
View Bethany
Member Since:
May 22, 2023
Maria M. on ContractsCounsel
View Maria
Member Since:
May 21, 2023

Maria M.

Attorney
Free Consultation
North Carolina
30 Yrs Experience
Licensed in NC, NJ, PA
Temple University Beasley School of Law

I have worked for over 20 years in the areas of family law, business formation, contracts and real estate law. In the area of family law, I represent clients in all areas of family law including child custody, child support, spousal support and marital property division as well as preparing prenuptial and separation agreements. I am experienced in real estate law, including commercial and residential leases, preparing various types of real estate related contracts. I am also experienced in business formation among other business law matters. I currently work in the area of grant management with the Small Business Administration.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Medical Agreement?

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

CONTRACT LAWYERS BY TOP CITIES
See All Medical Lawyers
MEDICAL PRACTICE AGREEMENT DRAFTING LAWYERS BY CITY
See All Medical Practice Agreement Drafting Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city