New Partnership

The Law Office of Heather Flanagan, P.A. merged with Richard Marchewka, P.A., a Ft. Myers attorney specializing in alternative dispute resolution, personal injury, and family law. The new firm, Flanagan & Marchewka, LLP, is ready to offer our clients a comprehensive list of services. For more information, please visit our website at www.fmlawllp.com.

Business & Health Law Services

We’re also pleased to announce that local attorney, Gary D. Wimsett, Jr., has joined the firm. Gary’s experience in health and business law adds a new dimension to the firm. The Gainesville medical community has been underserved when it comes to the availability of local representation in complex health law matters.

New Physician Contracting Services

One example of this lack of legal services has been in the realm of physician contracting. The nationally-acclaimed University of Florida College of Medicine develops some of the nation’s best new physicians every year through its residency program. For many of these physicians, it’s an exciting time for many reasons – not the least of which is that they’ll be signing their first employment contracts. New physicians, however, should take the time to understand the terms of their agreements to avoid misunderstandings as they begin their careers.

Four Tips for New Doctors

1. Non-Compete Clauses. Make sure you’ve read and understood any non-compete provisions in your contract. Noncompete provisions are governed by state law so it’s important to consult with an attorney in the jurisdiction where you will be practicing to understand how these provisions will be construed in your state. Do not be afraid to ask your prospective employer questions about the scope of any non-compete provision and, if you are not comfortable with it, negotiate for something more reasonable. If you accept a contract with a burdensome but enforceable non-compete provision, you could find your ability to practice medicine in your chosen field of discipline severely compromised in your geographic region for a very long time. The medical marketplace is increasingly competitive and employers are vigorously protecting their practice areas.

2. A Clear Path to Partnership. For many new physicians, partnership opportunities down the road are an important incentive to picking one employer over another. Practices should be willing to explicitly describe your path to partnership in clear terms. Practices not willing to spend the time to explain your partnership track should be carefully scrutinized. Your employment agreement is an important tool when it comes time to make your argument for partnership. If you don’t understand the path from here to there or if the target seems like it is always moving, take the time to ask questions and negotiate terms that are fair.

3. Concerns for the Specialists. It’s no secret that many new physicians are specialists. If you are a specialist, does your employment contract guarantee access to the equipment you need to flourish? How will equipment be shared between practitioners in practice groups? You need to ask these questions before there’s an issue and there’s no better time than before you have signed your employment agreement. Make sure you will have the tools you need – when you need them.

4. Continuing Medical Education and Travel. Much has happened recently at the federal level to curtail the use of corporate dollars to subsidize CME. Does your employment agreement clearly set forth how much you are entitled to receive in CME dollars? Work-related travel to important conferences? Critical memberships in important societies and groups? Again, after you’ve signed the agreement is no time to start discovering you’ll be largely required to pay your own bills – especially as practices are tightening their belts in a troubled economy.

Of course, these are just a few of the many elements of your physician employment agreement you will need to carefully understand before you begin your career. Do not let the excitement of the moment cloud your judgment. Employment agreements can be one of the most important and effective tools in setting the foundation for an effective and prosperous medical career. Speak with an attorney with a specialized understanding of physician employment contracts and start your New Year off right.