It will come as no surprise to anyone reading my articles that hospitals can be extremely condescending to physicians. As a physician’s lawyer who spends his days reviewing and negotiating physician employment agreements, I am also frequently “treated” to this phenomenon.

My firm has coined the phrase “hospitalsplaining” to describe how hospitals routinely talk down to physicians and their lawyers. A recent example illustrates the problem nicely.

We were reviewing a physician employment agreement that provided, as many do, that “call coverage will be assigned by Employer.” Our review letter requested that call coverage be equitably allocated among all eligible providers (which didn’t seem unreasonable). We also requested some reasonable limitations on call. We had asked for 1:5, but our client probably would have accepted more call if it were required, so long as some reasonable limits were provided. The only other comment we had with respect to call coverage was to ask for the MGMA median compensation if call exceeded the median unpaid hours per week in her specialty.

The hospital’s representative was friendly and amicable. However, as we were discussing our firm’s review letter, she felt the need to “explain” why the provision regarding call could not be changed. You see, she explained, the hospital is a business. And, of course, a business needs flexibility. Therefore, although she certainly sympathized with the physician, she could not possibly consider altering that provision in any way.

I’m not sure what she expected our response to be. Presumably, she assumed that I would slap my head with my palm as the full import of this revelation was realized. I assume I was expected to instantly agree with the irresistible logic of her position and explain to my physician client that 24/7 call was eminently reasonable. “You see, Doctor, the hospital is a business.” I assume that the hospital expected that, having been duly educated on the nature of the health care system, my client surely would eagerly agree to whatever call was necessary.

You may be surprised to learn that our response was somewhat different. I tried to explain to the nice hospital lady that my client was one of the (presumably rare) individuals who was fond of sleeping some nights. Extensive additional negotiations were required. The end result was far from ideal, but we did get some assurances about call, and an agreement to provide reasonable compensation for excessive call.

Very few other professions are ever required to frequently give up sleep as an expected part of the job. Certainly, no other profession is treated with such disdain by their employers. Hospitalsplaining is one of the more annoying symptoms of the general disregard that hospitals bring to their relationships with their most valuable assets – the physicians who work for them. Physicians must be aware of instances where they are the subject of hospitalsplaining and be prepared to stand up for their right to be treated as something more than an imbecile.

Dennis Hursh is a veteran attorney with over 40 years of experience in health law. He is founder, Physician Agreements Health Law, which offers a fixed fee review of physician employment agreements to protect physicians in one of the biggest transactions of their careers. He can also be reached on Facebook and LinkedIn.