What is Physician Employment Agreement Drafting?
A physician employment agreement is a legal contract between a physician and healthcare employer, such as a medical practice. It outlines important terms that govern their working relationship, such as the physician's work scope and compensation.
If the agreement is unclear, it can lead to disputes. A thorough drafting of the document is essential to help you avoid including any red flags and it enables you to make revisions prior to the agreement taking effect.
To protect your interests and prevent legal or financial losses, read the rest of this article to explore what key terms you should include in a physician employment agreement, how to draft it, and why you should consider hiring a qualified lawyer for assistance with the physician employment agreement drafting process.
What Key Terms are in a Physician Employment Agreement?
A physician employment agreement contains core components, such as the following;
- Compensation. This section of the agreement must clarify what payment the physician will receive for their work. Examples include a fixed salary or variable compensation, in which performance is tied to payment.
- Benefits. It’s common for physician agreements to include benefits, such as health insurance or paid time off. There should be criteria listed for how the physician in the agreement is eligible to receive those benefits.
- Term. The contract must state its effective start and end dates so the physician knows exactly when their employment will begin and expire.
- Termination. The agreement should outline how to go about ending the agreement should either party want to terminate it early.
- Schedule. This section outlines the physician’s shifts, work schedules, and overtime responsibilities. By clarifying what’s expected of them, both parties can align their expectations and standards.
- Non-compete. A non-compete clause states that the physician will face certain restrictions after contract termination, such as that they can’t work in a specific location for a specific amount of time.
- Malpractice insurance. The agreement should state what malpractice coverage is included and who will pay for tail insurance. This allocates risk and outlines responsibilities.
What are Tips for Drafting a Physician Employment Agreement?
There are some important things to be aware of when drafting a physician employment agreement. Here’s a rundown of what will help you minimize your risks and protect your interests.
Make it Reasonable
The agreement must be fair and balanced. Check that it doesn’t favor either party, putting the other at a disadvantage. For example, when including a non-compete clause, you should make it reasonable so that the physician’s future career opportunities aren’t hampered by a too-broad or harsh agreement.
Keep it Clear
Although a physician employment agreement must be professional in tone, it shouldn’t be filled with complex or legal wording. This prevents confusing or vague sentences that can result in parties not fully understanding all of its terms. When drafting the agreement, make sure you keep it simple and straightforward.
Note Pre-Employment Conditions
There might be mention of conditions that the physician must meet before being employed, such as getting approval from a medical board or having their references checked.
These can delay or even cancel the agreement, so parties should be mindful of them. If the conditions aren’t specified in the agreement, discuss them with the other party for clarity.
Consider Admin Work
It’s easy to overlook additional tasks that physicians will have to complete during their employment. Make sure the agreement includes enough time for administrative work, such as reviewing patient test results or making referrals.
State Clear Termination Clauses
It’s a red flag if the physician employment agreement doesn’t include processes for how the agreement can end. For example, it should state that the employer has to provide the physician with written notice of termination and there should be a clear reason for termination, with the opportunity to remedy the situation within a specific period of time.
How Does a Lawyer Help You with Physician Employment Agreement Drafting?
It’s advisable to ask a professional lawyer to draft a physician employment agreement for you. This will give you peace of mind that its clauses are legal and protect both parties.
A lawyer can help you in various ways when drafting the agreement, such as:
- Writing the agreement is clear and accessible language that’s legally sound.
- Protecting both parties’ interests, such as when drafting a non-compete clause.
- Negotiating with the other party on your behalf so that you both feel positive about the agreement terms.
- Including a dispute-resolution strategy in the agreement so that parties can settle future disputes efficiently.
- Aligning the contract with all legal regulations and laws. This prevents legal and financial issues.
- Assessing your specific situation and career goals so that the agreement is customized according to your requirements.
Where to Find a Lawyer for Physician Employment Agreement Drafting
If you need to hire a qualified lawyer to draft a physician employment agreement, you don’t have to worry about where to start your search for one. By using an online legal platform like ContractsCounsel, searching for a qualified lawyer is an easy, stress-free process.
ContractsCounsel is one of the largest online legal marketplaces where you can gain access to a network of vetted lawyers. If you need a lawyer on the platform to draft your agreement, you can request it by following these easy steps online:
1. Visit the ContractsCounsel marketplace, where you can post your project for free.
2. Wait for lawyer bids. You’ll receive multiple bids from lawyers directly on the platform who can assist you.
3. Review lawyer profiles. Once you receive the 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 physician employment agreement.
