Dennis Hursh, Esq

I have previously written that “not all physicians are nice.” Some physicians (a tiny minority) in private practice hold out the promise of partnership, paying physicians below-market wages until they get to the golden ring. Then, they terminate these physicians before they are made partners. As I noted then:

I have been representing physicians for over forty years, and the vast majority of the people I work with are genuinely …

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Many physicians do not seem to grasp the risks inherent in physician employment agreements that impose a minimum threshold of wRVU production. However, there can be many pitfalls in these agreements.

What is the effect of the threshold?

The first pitfall is determining the effect of a threshold. Some agreements provide a salary “assuming a minimum threshold of” some number of wRVUs. I have reviewed many agreements with a provision like that …

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I have been representing physicians for over 30 years, and I am still amazed by the attitude of most young physicians going into their first attending position. These are smart, accomplished, fully qualified physicians who have received some of the best clinical training in the world. And yet, many of these highly trained individuals in a field with massive shortages seem reluctant to acknowledge even the slightest modicum of self-worth.

Bear …

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Lately, I have seen a few instances where physicians have been tricked by a term in their physician employment agreement that clearly does not mean what the physician thinks it means.

The most recent example came when I was negotiating a physician employment agreement, and the physician suggested verbiage concerning her scheduling. The physician suggested that we ask for language that the employer would develop a clinical schedule “after consultation with …

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If you have been offered the opportunity to buy into a medical practice, congratulations! For most physicians, this will be a tremendous opportunity. Being offered an ownership interest indicates that the current owners recognize your worth and are inviting you to “join the club.” It is hard to imagine a greater validation from your peers.

At the same time, physicians do need to protect themselves from a bad deal. In my …

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When you have been reviewing physician employment agreements for nearly four decades, you tend to get a little jaded about the possibility of ever seeing reasonable compensation for physicians. Although I am continually preaching to the choir about the need for reasonable physician compensation, I rarely see something that gives me encouragement that physicians may someday be paid appropriately for everything they do.

However, recently I have reviewed several agreements titled …

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As somebody who has reviewed physician employment agreements for 40 years or so, I have to admit I am more than a little jaundiced when it comes to the subject of hospital executive compensation. I’m not altogether convinced that one health system CEO really “earned” the $35.5 million he was reported to have been paid in 2021. I’m sure the pandemic was hard on him. Seeing all those physicians exposing …

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For over 40 years, I have been harping on the fact that physicians rarely understand their true value when they are looking for a new position. I always advise physicians that they get 0 percent of what they don’t ask for.

In my practice, I review physician agreements and provide a letter on my law firm stationery requesting changes. I frequently need to convince physicians that they should send my letter …

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Many physicians ask if there is any reason why they can’t just give two weeks’ notice (or so) and leave a bad situation, even though their employment agreement requires significantly longer notice for without cause termination of the physician employment contract. The question is usually phrased as, “What can they do to me?”

Often, there is no penalty provided in the agreement for leaving early. Accordingly, the physician sometimes believes …

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At least one commentator has opined that “physicians aren’t burned out. They’re abused.” That is an extremely accurate diagnosis. No matter how many mandatory meditation sessions physicians are required to attend during their lunch hours, they remain overworked, overstressed, and unhappy with their careers.

Although there is no easy fix, there are issues that can be addressed in the physician employment agreement that can ameliorate the horrible working conditions foisted …

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A letter of intent (sometimes called a “term sheet”) can be useful for physicians and those who recruit them. The purpose of letters of intent in physician contracts is simply to ensure that both parties are “on the same page” as far as the major terms of the agreement they hope to enter. For example, if you expect to be paid $300,000 a year, but the employer is expecting …

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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 …

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