Contract Negotiations. Elizabeth Rocovich Cline, J.D., Ph.D. I. Introduction. Why are we here? - imp of preventative legal medicine -it’s a business to ER, and you should look at it as business, too. II. Common pitfalls in negotiating contracts. Being too polite
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Elizabeth Rocovich Cline, J.D., Ph.D.
Why are we here?
- imp of preventative legal medicine
-it’s a business to ER, and you shouldlook at it as business, too
(1) don’t know what you really want/need, and
(2) don’t do your homework
1. Financial questions
a. Salaries of other drs in your
position and geographical area
b. Cost of living in the area
a. Observe work environment of
gp practice; ask others
b. Find out why any drs/staff
recently left the practice
-downsizing in staff/space
-better benefits, etc.
a. Talk w/drs there
-how smoothly do things
-big changes on the horizon?
-many drs don’t do this!!
d. Call in the “troops”—tell your lawyer before you start negotiating
1. Do your homework (see above)
2. Know what you want/need
-be realistic, but assume
everything is negotiable
a. Type of medicine that you practice
b. Number of drs in your area with your specialty/practice
d. The doctor to patient ratio in the area
“out-techniqued” by other party
-remember: it’s a business, and administrators & attys are the ones who work on the deals
1. The “I have no authority”
approach (my favorite)
changes that you wanted in
this new draft” approach
(“we give this form to all of the doctors”)
word for it” approach
1. Non-compete clause, a.k.a.
covenant not to compete
renewal of term
4. Definitions of terms like “illness and “disability”
-after year 1, does compensation become productivity-based?
What does the contract mention or fail to mention?
C. When to sign the contract
each para. of your k means (English, not “Legal-ese”)
Elizabeth Rocovich Cline