Our physician contract attorneys can review your contract, identify the areas that could improve, and assist you in negotiating the best contract possible.
Each Orthopedic Surgeon that requests our assistance receives the following:
- Available in any state
- Flat-rate pricing with no hidden costs
- Review of your proposed employment agreement
- Phone consultation with Attorney Robert Chelle reviewing the contract term by term
- Follow up with a review of the needed clarifications
Orthopedic Contract Review
A thorough contract review can benefit new residents, attending physicians, doctors entering their first employment contract, or established physicians looking for new employment. By employing an experienced attorney for your representation, you can ensure that you will be able to fully understand the extensive and complex wording included in your contract.
By having a complete understanding of contracts, you will be in a better position to decide whether or not you want to enter into the medical agreement that will affect your career life for years to come.
Healthcare Contract Terms
The present-day conclusion is simple: physicians should only enter into agreements by having the agreement reviewed by legal counsel. There is too much at risk for a physician to take medical contract matters into their own hands. In addition to the specific professional implications, the terms of contracts can significantly impact a physician’s family, lifestyle, and future.
There are many important terms and clauses in medical contracts which can present complex and diverse issues for physicians, including:
- Non-compete clauses
- Inadequate professional liability insurance and tail coverage
- Unfavorable call schedules
- Practice support
- Production Bonuses (RVU, net income, or hybrid structures)
- Not enough paid time off (PTO) or Vacation time
- Biased Termination Provisions (With or Without Cause)
- Continuing Medical Education (CME)
- Dues and Fees
- Compensation
Non-Compete Clauses Reviewed by an Orthopedic Surgeon Contract Attorney
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:
- The restraint is not more than required to protect the employer,
- It does not inflict any untold hardships on the employer, and
- The restraint is not detrimental to the public.
Orthopedic Surgeon Career Tips
As an orthopedic surgeon, your skills are in high demand. Here are some strategies to optimize your earnings throughout your career:
- Subspecialization: Orthopedics covers a broad range of conditions and procedures. By choosing a subspecialty such as sports medicine, joint replacement, or orthopedic oncology, you could increase your earning potential. The American Board of Orthopaedic Surgery offers certifications in these areas and more.
- Participation in Clinical Trials: Engaging in clinical trials can provide an additional revenue stream and enhance your reputation in your field. This can attract more patients and potentially more complex cases to your practice. The ClinicalTrials.gov database is a good place to start.
- Effective Practice Management: Efficient practice management can significantly impact your income. This can include streamlining administrative processes, improving billing and coding practices to maximize reimbursement, and leveraging Electronic Health Records (EHRs) for increased efficiency.
- Continued Learning and Training: The field of orthopedics is continually advancing with new techniques and technologies. Keeping your skills up-to-date can lead to better patient outcomes and potentially higher earnings. Resources such as the American Academy of Orthopaedic Surgeons provide ongoing education and training opportunities.
- Professional Networking: Establishing a strong professional network can open up opportunities for collaborative work, referrals, and even partnerships. Joining and actively participating in professional organizations can facilitate this.
By strategically focusing on these areas, you can maximize your earning potential as an orthopedic surgeon while continually improving patient care.
Employee or physician contracts are all unique. However, nearly all healthcare contracts for healthcare providers should contain several essential terms. If these contracts do not spell out the critical terms, disputes can arise when there is a disagreement between parties regarding the details of the specific term. For instance, if the doctor is expecting to work Monday through Thursday and the employer thinks it’s Monday through Friday. Still, the particular workdays are absent from the contract—who prevails?
Employment Agreement Checklist for Physicians
Spelling out the details of a physician’s job is crucial to avoid healthcare contract conflicts during the employment contract term.
Below is a checklist of important terms that contracts should contain (and a brief explanation of each term generally discussed in negotiations):
- Practice Services Offered: What is the clinical patient care duties? Is there time for a review of administrative tasks? How many patients is the physician expected to see?
- Patient Care Schedule: What days and hours are employees expected to provide patient care per week? What is the surgery schedule? Are employees involved in the planning of their schedules?
- Locations: Which facilities will the employer schedule the employees to provide care at (outpatient clinic, surgical sites, in-patient services, etc.)?
- Outside Activities: Are employees permitted to pursue moonlighting or locum tenens opportunities? Does a physician need permission from the employer before accepting medicine-related positions?
- Disability Insurance: Is disability insurance provided (short-term and long-term)?
- Professional License: Will the practice offer reimbursement for licensing? Will an advisor be provided?
- Practice Call Schedule: How often is the employed physician on call (after-hours office call, ASC, hospital call (if applicable))?
- Electronic Medical Records (EMR): Will the employer provide training resources or time to review the system before delivering care?
- Base Compensation: What is the annual base salary? What is the pay period frequency? Does the base compensation increase over the term of the agreement? Is there a yearly review or quarterly review of compensation? Is there a group management relationship?
- Productivity Compensation: If there is productivity compensation, how is it calculated (wRVU, net collections, patient encounters, etc.)? Is there an annual review?
- Practice Benefits Summary: Are standard benefits offered: health, vision, dental, life, retirement, etc.? Who is the advisor of human resource benefits?
- Paid Time Off: How much time off does the job offer? What is the split between vacation, sick days, CME attendance, and holidays? Is there an HR guide?
- Continuing Medical Education (CME): What is the annual allowance for CME expenses, and how much time off do they offer?
- Dues and Fees: Which business financial expenses are covered (board licensing, DEA registration, privileging, ASA membership, Board review)?
- Relocation Assistance: Is relocation assistance offered? What are the repayment obligations if the contract is terminated before the expiration of the initial term?
- Signing Bonus: Is an employee signing bonus offered? When is it paid? Does the employee have to pay it back if they leave before they complete the initial term? Are student loans paid back? Is there a forgiveness period for student loans?
- Professional Liability Insurance: What type of liability insurance (malpractice) the employer offers: claims made, occurrence, self-insurance? License and litigation defense? Can you negotiate tail?
- Tail Insurance: If tail insurance is necessary, who pays for it when the agreement terminates?
- Term: What is the length of the initial term? Does the agreement automatically renew after the initial term?
- For Cause Termination: What are the grounds for immediate termination for cause? Is a review provided to dispute the termination?
- Without Cause Termination: How much notice is required for either party to terminate the agreement without cause?
- Practice Post-Termination Payment Obligations: Will the physician receive production bonuses after the agreement terminates?
- Non-Compete: How long does the non-compete last, and what is the prohibited geographic scope?
- Financial Retirement: Is a financial retirement plan offered?
- Non-Solicitation: How long does it last, and does it cover employees, clients, patients, and business associates?
- Notice: How is the notice given? Via hand delivery, email, US mail, etc.? Does it have to be provided to the employer’s attorney?
- Practice Assignment: Can the employer assign the agreement? Will the healthcare agreement require ongoing compliance with a new employer?
- Alternative Dispute Resolution:Â If there is a conflict regarding the contract, will mediation or arbitration be utilized? What is the standard attorney review process for disputes? Who decides which attorney oversees the process?
We also offer contract reviews for Oncologists and analysis of Otolaryngologist Employment Agreements.
Contract Lawyer for Orthopedic Surgeon
Coming into a new organization with a favorable contract can put the physician in a positive financial situation for years to come. Before signing the most important contract of your life, contact an experienced Orthopedic Surgeon Contract Attorney and contact Chelle Law today.