As a physician, your employment agreement is more than just a contract—it’s a blueprint for your professional future. However, many healthcare professionals enter into agreements without fully understanding their terms or the long-term implications. Below, we highlight the most common risks associated with not having your employment agreement reviewed by an experienced attorney.

Unclear Compensation Structures

Employment agreements often include complex compensation models, including base salary, productivity bonuses, and revenue-sharing provisions. Without a careful review, you may find yourself:

• Earning less than industry standards.
• Locked into unfavorable productivity thresholds or bonus calculations.
• Missing out on certain benefits or allowances.

We can help ensure you receive fair compensation and clarify any ambiguous terms.

Restrictive Covenants That Limit Future Opportunities

Non-compete clauses and non-solicitation agreements are common in physician contracts. If not carefully reviewed, these provisions can:

• Restrict your ability to practice in your specialty within a certain geographical area.
• Prevent you from retaining relationships with patients or colleagues after leaving an employer.
• Impose severe penalties for breaches.

We can assess whether these clauses are enforceable and negotiate terms that protect your career mobility.

Overlooked Termination Provisions

Termination clauses outline the conditions under which your employment can end, but:

• They may require an extensive notice period that disrupts your career plans.
• You might be obligated to repay signing bonuses, relocation expenses, or other incentives if you terminate early.
• “For cause” provisions could be overly broad, putting your job security at risk.

Legal review ensures that termination terms are fair and reasonable.

Unanticipated Liability for Malpractice Insurance

Many agreements fail to clarify the specifics of malpractice insurance coverage, leaving you to:

• Purchase expensive “tail” coverage if claims-made insurance is provided.
• Shoulder liabilities that should have been the employer’s responsibility.

Our team can help negotiate favorable malpractice insurance terms, potentially saving you thousands of dollars.

Ambiguous Call Schedule and Workload Expectations

Physician contracts often include vague language about on-call responsibilities or patient load. This can lead to:

• Excessive and unmanageable workloads.
• Unpaid on-call duties.
• A lack of clarity on how shifts or duties are assigned.

A legal review can identify and address these issues upfront.

Inadequate Provisions for Career Growth

Many agreements lack clear pathways for:

• Partnership opportunities.
• Leadership roles within the practice or hospital.
• Continued education and professional development funding.

Our team can negotiate terms that align with your long-term career goals.

Risk of Compliance Issues

Healthcare laws and regulations are complex. An improperly structured contract could inadvertently:

• Violate Stark Law or Anti-Kickback Statutes.
• Lead to issues with billing and reimbursement practices.
• Put your medical license at risk.

While our focus is on reviewing your agreement to protect you, we also review it to comply with applicable laws.

Missed Negotiation Opportunities

Without legal expertise, you may miss opportunities to:

• Secure better compensation or benefits.
• Negotiate favorable terms for relocation, signing bonuses, or other incentives.
• Address inequitable provisions that favor the employer.