Physician Contract Severability Clause

Sample Physician Contract Severability Clause

Physician Contract Severability Clause

In the specialized realm of physician employment contracts, including a severability clause is particularly significant. This clause safeguards the contract’s integrity, ensuring that if any part of the contract is deemed invalid or unenforceable by a court, the remaining portions remain effective and binding.

The Role in Physician Contracts

Shielding Against Complete Contract Nullification

Physician contracts are complex, often including detailed clauses about duties, compensation, non-compete terms, and more. A severability clause prevents the entire contract from being voided if one section is found illegal or unenforceable, thus providing stability and certainty for the physician and the employer.

Adapting to Legal and Ethical Standards

The medical field is heavily regulated and subject to constant legal and ethical updates. A severability clause allows for parts of the contract that become non-compliant with new laws or ethical standards to be modified or removed without necessitating a complete renegotiation of the entire contract.

Real-Life Implication

Imagine a scenario where a non-compete clause in a physician’s contract is too restrictive and violates state law. Challenging this specific term Without a severability clause could invalidate the entire contract. However, only the clause would impact the non-compete term, leaving the rest of the contract enforceable.

Drafting Considerations for Physician Contracts

Clarity and Precision

The severability clause in a physician’s contract must be drafted with clarity and precision. Ambiguities can lead to further legal complications. The clause should expressly state that invalidation of any part of a contract does not affect the validity of the remaining terms.

Alignment with Healthcare Regulations

Given the unique regulatory environment of healthcare, ensuring that the severability clause aligns with current healthcare laws and ethical guidelines is vital. This requires a nuanced understanding of both legal and medical industry standards.

Seeking Expertise

Due to the complexities and specificities of physician employment contracts, consulting legal professionals with healthcare expertise is recommended. This ensures that the contract protects the interests of both the physician and the employer while remaining compliant with relevant laws and ethical standards.

Conclusion

In physician employment contracts, a severability clause serves as an essential safeguard. It maintains the contract’s validity, even if certain parts are legally challenged. For physicians and healthcare employers alike, understanding this clause’s significance is key to fostering a legally secure and stable working relationship.

Sample Physician Contract Severability Clause

Below is an example of a Physician Contract Severability Clause that could be used in a physician employment contract.

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Severability. If any provision in this Agreement is determined invalid or unenforceable by a court or arbitrator of competent jurisdiction, the parties desire and agree that the remaining provisions of the Agreement will continue to be valid and enforceable.

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Download the Physician Contract Severability Clause

DISCLAIMER AND TERMS OF USE

This sample provision is offered “as is,” without any express or implied warranty of any kind, including warranties of merchantability, legal effect, accuracy, appropriateness, completeness, non-infringement, or fitness for a particular purpose. This sample provision should be used only as a general guide for legal drafting and should be modified to meet all the applicable laws and regulations in your city, state, and county, as applicable. You understand that you are using any and all information, forms, sample provisions, and other resources from Chelle Law, PLC at your own risk.

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