Press release
Lose My Hospital Privileges? Enforcing A Contract
Great Neck, N.Y.January 25, 2006
Did you know that many physician employment contracts have clauses in them that state if you are fired, or leave voluntarily, you must give up your hospital privileges?
Who ever heard of such a thing? Why would a medical group go to such length as to force you to give up your hospital privileges if you're no longer part of the group?
The reason is simple. Competition. The group doesn't want you to continue to work in the same hospital as the other members of the group work in. It's bad business for them, and you're competing with them at the same place.
What can you, as the physician who has to sign the employment contract do?
First, keep in mind that a medical group can never force you to give up your hospital privileges. When you apply to a hospital for attending privileges, you do so on your own merit. Based upon your credentials, background and history, the hospital will either approve or disapprove your application. Assuming you are granted attending privileges at a hospital, you should never, ever, voluntarily give up those privileges.
You've worked hard your entire life, you're about to join a medical group and continue your medical career, and now you screech to a halt when you see this paragraph in the contract that says give it up if you leave! Is it fair? No. Is it enforceable in a Court of law? In New York, the answer is most likely no.
Attorney Gerry Oginski says "One attorney has claimed he was successful in enforcing exactly this provision in a Trial level Court in New York. However, it is my opinion that an Appellate Court would not allow such a decision to stand up to scrutiny."
"Often, when a Group wants an employee to give up his attending privileges if he leaves, this will be a dealbreaker," according to Attorney Oginski. "In the majority of cases, the attorney for the Group will recognize that this clause is usually uneforceable and is willing to modify or withdraw this requirement. In the few instances where the Group refuses to be reasonable, the physician must weigh carefully the risks and benefits of signing up with a Group that takes such a hard line position," notes Attorney Oginski.
Contact information:
Gerry Oginski
516-487-8207
www.mdcontract.com
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