how to find a lawyer physician contract

by Ashtyn Cassin Jr. 10 min read

Contacting the state medical association in the state where you will be working is one of the best ways to find lawyers who are qualified to review and negotiate your physician employment contract. Make sure to find an attorney licensed to practice law in the state where you'll be working because state legal requirements, as well as federal laws, may apply.

Full Answer

How do I find a lawyer for a physician employment contract?

Finding attorneys that specialize in physician employment contracts isn't difficult. Contacting the state medical association in the state where you will be working is one of the best ways to find lawyers who are qualified to review and negotiate your physician employment contract.

Do I need a lawyer to review a physician contract?

You need a reputable physician contract attorney. Just like doctors specialize in certain types of medicine, attorneys specialize in specific types of law. Don’t hire a lawyer unless they have specific experience in reviewing physician employment agreements. It’s also critical to find an experienced attorney who is available immediately.

How do I negotiate my Physician employment contract?

Contacting the state medical association in the state where you will be working is one of the best ways to find lawyers who are qualified to review and negotiate your physician employment contract.

Are physician employment contracts difficult to understand?

Physician employment contracts aren’t as easy to understand as our summaries above. They’re often coded in complex legal jargon. Anyone who hasn’t spent time in law school will have difficulty sifting through the contract language. Hiring a contract lawyer is a way to ensure that you understand every term in the agreement.

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What should I ask for in a physician contract?

Ask about sign-on bonuses, relocation, continued education, income guarantees, profit sharing, incentive structures, buy-in structures, partnership potential, and long-term potential for the position. What type of malpractice does the group or facility have?

How do physicians negotiate contracts?

These experts offer you the following 4 tips for negotiating a satisfying and surprise-free physician employment contract.Begin negotiations with your offer letter. ... Read and appreciate what you're signing. ... Know the most important provisions to address. ... Recognize the contract's purpose.

Do doctors have contracts?

A physician contract covers a large variety of areas, many of which reflect compensation. But there are other concepts that a contract does need to cover. Needless to say, the medical contract needs to specify what the employer wishes, but it also needs to reflect your rights and your interests.

What is a physician contract?

A physician contract is an extremely important document, governing not only how you'll practice, but also how much you'll be compensated for doing so. All too often, new physicians fail to read contracts as closely as they should — or without the full understanding necessary to properly evaluate them.

How long are most physician contracts?

The term of an average physician employment contract is for one or two years. A contract's term can also automatically renew if both the employee and the employer agree.

How do I ask for more money in a contract?

Salary Negotiation Tips 21-31 Making the AskPut Your Number Out First. ... Ask for More Than What You Want. ... Don't Use a Range. ... Be Kind But Firm. ... Focus on Market Value. ... Prioritize Your Requests. ... But Don't Mention Personal Needs. ... Ask for Advice.More items...

How do physicians negotiate signing bonuses?

Research what bonuses your peers in similar positions receive. Leverage your experience and value to get the best deal. Be willing to negotiate. Consider your overall compensation package (especially if the offer includes a better salary over time than competing offers with higher signing bonuses).

Why are provider contracts important?

Why You Need to Understand Your Provider Contract Fully. To receive reimbursement for medical services, providers depend on provider contracts in healthcare. The contract details all of the information that needs to be collected by physicians from their patients before sending a claim for reimbursement to the payor.

What type of clients does the federal Stark Law prohibit a physician from referring to a health care provider if a financial relationship exists?

The Physician Self-Referral Law, commonly referred to as the Stark law, prohibits physicians from referring patients to receive "designated health services" payable by Medicare or Medicaid from entities with which the physician or an immediate family member has a financial relationship, unless an exception applies.

How do you get a doctor to accept a job offer?

So, how to accept the job? You sign the agreement. That's simple. Once again, if you've provided the offer letter and you may be hackle over some terms, and then they offer the physician the actual employment agreement, the physician is not necessarily bound to the terms of the offer letter.

What are the clauses and provisions that should be included in provider contracts?

Here are seven critical provisions for successful physician employment contracts.Obligations of the employed physician. ... Compensation agreement. ... Required training and/or peer review standards. ... Provider-payor agreement. ... Confidentiality and nonsolicitation agreements. ... Non-competition agreement. ... Termination clause.

Can hospitals hire physicians in California?

California is one of only a handful of states that prohibit hospitals from directly employing physicians, with limited exceptions, such as for non-profit teaching hospitals.

What is a Physician Contract Lawyer?

A physician contract lawyer is legal counsel that helps physicians manage certain legal agreements that come up in their medical practice. Some of these contracts might include agreements such as an employment contract or partnership agreement .

What Does a Physician Contract Lawyer Do?

Physicians are extremely intelligent people who are well-versed in making important decisions when it comes to both their lives and the lives of others. When a new physician finishes school, they are sent to a residency program where they must sign an employment contract with the establishment they want to work with.

Types of Contract Physicians Need Help With

Physicians are well-educated, intelligent people who perform a vital role in their communities. Since the law is typically outside of their expertise, physician contract lawyers can help them to make sure the legal agreements they enter into are beneficial to their lives and careers.

How Much Does a Physician Contract Review Cost?

Being a physician requires much schooling and practice before one is getting paid to do the job. Consequently, the average rate of pay of physicians is around $300,000 a year.

Find a Physician Contract Lawyer

If you’re looking for a physician contract lawyer, we know it can be difficult to find the right fit. The attorney you work with must know how to advocate for you to get the best results.

Meet some of our Lawyers

Brandon is a Texas Super Lawyer®, meaning he is among the top 2.5% of attorneys in his state. He has designed his practice to provide a unique ecosystem of legal support services to business and entrepreneurs, derived from his background as a federal district law clerk, published biochemist, and industry lecturer.

Why do physicians choose to negotiate with their employers?

Some physicians choose this type of arrangement because they feel comfortable negotiating with the employer directly or want to keep legal costs down. Many physicians though prefer to have an attorney review and negotiate the contract.

Why do you need an attorney for a contract review?

Being financially prepared to hire an attorney to assist in your contract review will reduce financial stress and ensure that you're in the best position to set yourself up for success in your career.

What to do when you receive a letter of intent?

When you receive an offer or a letter of intent (LOI) hire a lawyer to review the offer or LOI before you sign anything. Because health care is extensively regulated, physician employment agreements frequently have to comply with highly specific legal requirements that don't apply to typical employment contracts.

Can I ask a lawyer to review my employment contract?

For instance, you can ask a lawyer to review the employment contract in order to identify any traps and suggest a few major points that you may want to address, while you negotiate the offer directly with the prospective employer.

Who is the attorney on Making the Rounds?

In the first episode of season 1 of the new Making the Rounds podcast, AMA senior attorney Wes Cleveland provides tips on what to consider before you begin the contracting process.

Should I hire a physician focused lawyer?

It's highly recommended that you hire a physician-focused lawyer to assist you with contract review and negotiation.

Can a lawyer review a LOI?

Consequently, a general business lawyer, such as an attorney who handles real estate transactions for your family, may not be the right lawyer to review your contract or LOI. Just as there are physicians who specialize in different aspects of the practice of medicine, there are lawyers who specialize in reviewing physician employment agreements.

Who is Richard the lawyer?

Richard is a wizard at taking on bureaucracies and simply getting the job done. His clients value his straight-forward counsel and his ability to leverage a top-notch legal staff for efficient and effective results. Richard is a professional engineer, professor of law, and has been named among the top 2.5% of attorneys in Texas by the Super Lawyers®. When he is not driving results for his clients, Richard can be found with his small herd on his Texas homestead.

Who is Brandon the Super Lawyer?

Brandon is a Texas Super Lawyer®, meaning he is among the top 2.5% of attorneys in his state. He has designed his practice to provide a unique ecosystem of legal support services to business and entrepreneurs, derived from his background as a federal district law clerk, published biochemist, and industry lecturer. Brandon is fluent in Spanish, an Eagle Scout, and actively involved with the youth in his community. He loves advocating for his clients and thinks he may never choose to retire.

Do doctors have to protect themselves?

When you become a physician, you do so with the motivation of helping and protecting others. However, you cannot forget to protect yourself as well. There is perhaps no other industry that carries the legal risks that medicine does. Here is a quick list by MD Linx of 10 laws every doctor should know.

Can a lay person read a soap note?

For a lay person, it might take some time and effort to understand the different sections. A lay person will probably have to look up a few medical terms, but it certainly is feasible for him to read and comprehend the SOAP note. I hired a lawyer to review my first physician employment contract.

Do lawyers' interests align with their own?

A lawyer’s interests don’t completely align with your own. Any lawyer you hire to review your employment contract will review it with your best interests in mind, to the extent possible. But, by virtue of the lawyer being a third-party, his interests come into play, as well. You’re paying the lawyer (probably a hefty sum).

Is a lawyer unfamiliar with your employer?

Additionally, the lawyer you hire is probably unfamiliar with your potential employer, unless it’s a large, well-known company. Even as a prospective employee, you have at least some sense of the company’s culture and priorities for your application and interview process.

Is an employment contract like a soap note?

There may be a section or two (or three or four) that don’t make immediate sense, but you can probably wrap your head around them after another read-through. In a way, an employment contract is like a SOAP note. SOAP notes are bread and butter to us as doctors.

What to look for in a physician contract?

What to look for in a contract. Here are the top five things to keep in mind when reviewing the physician contract. 1. If it’s not in the contract, it doesn’t exist. Dr. Shaw points out that promises made during negotiations aren’t enough.

Why are doctors surprised when they read a contract?

“This may be because they did not read the entire contract as thoroughly as they should have, or they relied on their interpretation of what the contract meant and signed.”

What does Holloman say about fixed compensation?

Holloman also cautions physicians to beware of evergreen contracts with fixed compensation. “This can create a situation where, theoretically, the physician will have the same compensation into perpetuity.” It’s important to have a clear perspective of the long-term compensation and have it defined in the contract.

What is a LOI in medical?

A common mistake physicians make is signing a letter of intent (LOI) when they receive an initial offer and then trying to negotiate salary or other conditions before signing the contract. Holloman cautions against this action. “An LOI is not legally binding, but it’s the equivalent to a handshake.

What happens if you can't resolve a contract?

If you are unable to resolve them, you can always exercise your right to terminate without cause. If the organization is breaching the contract or not living up to its conditions, you can still try to resolve the issue. In this case the physician is in a much stronger position, Holloman says.

What does it mean when a doctor says "this is your last day and your last paycheck will arrive in two weeks

This means the physician won’t get the 90 days they thought they were going to get.”. An extended separation period means you may have to stay at a hospital much longer than you want to.

Can a hospital change its PTO policy?

“For example, if they offer PTO and it’s determined by policy, they can’t change the policy,” Appino says. “They can’t make an exception for one particular physician.

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