how to find lawyer for physician contract review

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

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 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.

What should my lawyer look for in a contract review?

Here are a few important aspects of a contract, which your lawyer should look for and inspect during a review: The document should clearly define your salary as well as incentive pay, income guarantees, and on-call pay.

How do I review my Physician employment laws?

Physician employment laws vary by state and even by city. It is important to work with a healthcare attorney that understands and has experience in the particularities and nuances of your new place of employment. Learn More To start the review of your physician contract, the first step is to get matched with the right board certified attorney.

What is a physician contract lawyer?

A physician contract lawyer will ensure that your document details all of the key terms. These terms include your obligations, compensation, benefits, and termination provisions. Whenever possible, engage a contract specialist lawyer familiar with the hospital or practice offering you the job.

Why do you need a contract lawyer?

Hiring a contract lawyer is a way to ensure that you understand every term in the agreement. It’s also a way to make sure you get a fair deal.

How long do you have to give notice to a new doctor?

Some employers require one month. Others need two. Depending on the size of the practice, you may be obligated to give them one year to find a new doctor. Your contract will stipulate the specific notice period.

Why is inflation important for a physician?

An inflation cause helps you to maintain the same standard of living even as life gets more expensive.

What is a comprehensive contract?

A comprehensive contract is one that documents every aspect of the job in writing. Don’t rely on verbal promises made to you during the interview process or letter of intent. If you know people that already work there, do not assume that you’ll see the same benefits they do.

What can a contract specialist do?

3. A Contract Specialist Can Protect You Against Inflation. Large hospital groups have standardized salaries. So, negotiation might be impossible if that’s where you’re seeking employment. However, you can ask your lawyer to add an inflation rider to the contract.

Is the healthcare industry regulated?

The healthcare industry is highly regulated. That means that physician contracts include things that other employment agreements don’t. An attorney will tell you what should or shouldn’t be in there.

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.

Contract review for physicians: from post-residency to late career

Jackson LLP’s attorneys have helped clients in many specialties, career stages, and job levels. We’ve also reviewed physician contracts from a wide range of employers, from independent physician groups to multi-state hospital systems, including:

Why hire an attorney for physician contract review?

Do-it-yourself contract review is much like do-it-yourself healthcare. With your sharp mind, years of education, and access to internet resources, you may believe that you don’t need an attorney’s help. And as you read the contract, you may grasp the basic content. Perhaps you can even catch some unfavorable terms on your own.

The Value of Employment Contract Review

The price of a physician contract review is worth the peace of mind. And for some clients, the fee is a small fraction of the increased salary, benefits, insurance coverage, flexibility, or other resources that an employer might be willing to negotiate.

How to review a contract?

Hire a professional to do your contract review if you are: 1 Entering into a new contract 2 Renewing a contract 3 Changing compensation or benefits packages 4 Renegotiating an existing contract 5 Exiting a physician employment contract 6 Transitioning to a partnership 7 Starting a new business

What is a physician's contract?

A physician’s contract is an employment contract between a doctor and the hospital group or practice they’ll be working for. It stipulates all of the terms of your employment, including what you’ll do, where you’ll do it, and how much you’ll be paid.

How many physicians are employed in 2019?

In 2019, an AMA press release supported that data. AMA reported that 47.4% of all physicians practice medicine as employees. Only 45.9% are physician owners with their own medical practice. All of those employed physicians can expect, at some point, to have to sign a physician employment contract.

How much did the percentage of hospital-owned physicians increase between July 2012 and January 2018?

In addition, the percentage of hospital-owned practices increased by over 128%.

What is the review process?

The review process is also a chance to negotiate the terms of your contract. A lawyer will be able to provide you with the info you need to negotiate and, in some cases, may be able to handle the contract negotiations for you.

How to have more negotiating power?

To have more negotiating power, hire an attorney at the beginning of the contract review process. If you’ve already gone back and forth with the potential employer several times, bringing in a lawyer at the end of the process won’t be as beneficial.

What is included in a contract?

Contracts also include details about your weekly hours, call coverage, and benefits. The contract should also say whether you’ll be an employee or an independent contractor. This is an important point of distinction, as employees are typically paid a salary with the potential to receive bonuses.

What is a contract review?

Reviewing your contract also involves answering all of your contract-related questions, discussing negotiation strategy, and providing you with insightful contract advice for your career. Every contract review includes unlimited email access to your healthcare attorney, while we also offer additional, more direct connection options including:

What does an attorney do?

Your attorney will prepare several drafts of your contract and explain the pros and cons of each throughout your employment negotiations. Guided by experience and insightful knowledge of local, state and federal law, your attorney will help you to prepare the best strategy to get the contract you deserve.

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.

Contract Review for Doctors

There is simply too much at risk for a physician to take contract matters into their own hands. In addition to the specific professional implications, contract terms can significantly impact a physician’s family, lifestyle, and future.

Review of Non-Compete Clauses for a Physician?

Most courts find that a non-compete is enforceable if it is reasonable. The general test for reasonableness by a court or arbitrator would be:

Breaking an Employment Contract with a Health Care Practice

Physicians with non competition agreements in their contract were originally considered as restraints of trade, and thus were invalid on the grounds of public policy at common law; however, many restraints of trade incident to contracts were upheld based on the rule of reason.

When a Physician Employer Can Enforce an Employment Contract

Many ask are non-compete agreements enforceable from a business? As long as a non-compete is written well, and serves the interests of the employer but not broader than necessary, the agreement is enforceable.

What is Tail Insurance?

Tail Insurance, also known as Extended Reporting Period coverage, must be purchased when a physician has claims-made professional liability insurance coverage. Tail insurance covers the gap between when a physician leaves an employer and when the statute of limitations on filing a medical malpractice claims ends.

How Much Does Tail Coverage Cost?

A good rule of thumb is tail coverage costs around 2 times your annual medical malpractice insurance premium. Thus, if your annual premium costs $6000; your tail cost would be around $12,000. Your tail insurance cost is a one-time payment; it is not an annual cost.

Who Pays for Tail Insurance?

The physician’s employment agreement will specify whether the physician or the employer pays for the tail insurance. This is a point of contention in many employment agreement negotiations with resources from both parties advocating for their position.

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.