by Jordan R. Stewart, DPM
Timonium Foot and Ankle Center
Established July 2006
Timonium, MD
Hopefully
by now you have had success with your interviews and a contract has
been offered. Unfortunately, courses in contract terminology and
contract negotiation were not offered in my program and I was
overwhelmed when I read my first contract. As a result, at the
urging of family and friends, I hired a lawyer who specialized in
medical contracts. Since the standards among professional fields can
vary widely and, just like a podiatrist specializes in the foot and
ankle, a lawyer specializing in medical contracts is just as
important for you as you are to your patients. After reviewing one
of my contracts, my lawyer informed me that the contract was
one-sided and not in my best interests. I was disappointed because
this was one of the jobs I thought was going to be "the one" for me.
I had outlined the terms with the employer prior to receiving the
contract and yet, upon receiving the contract, there were several
differences. Although I attempted to negotiate this contract, I was
unable to reach terms that were mutually beneficial for the employer
and me. Like any successful agreement, what is fair is what is good
for both parties.
When reading
through the contract, take out the list of questions you asked on
your interview and be sure all of the terms you discussed are
clearly defined in the contract. Before turning the contract over to
the lawyer for review, read it carefully and be familiar with the
terms. Lawyers work on an hourly rate and in order to keep your
costs down you want to have specific areas of the contract to
discuss with the lawyer. If an area is omitted or different,
highlight it and review if with your lawyer. Your lawyer will edit
the contract based on your desired terms, and what is considered
reasonable based on his/her experience. Only after a thorough review
should you take it back to the employer for negotiation.
A mutually
beneficial contract is more likely to lead to a successful long-term
relationship. As you go back and forth with the employer, identify
those terms of the contract that you like and those that you are
unsatisfied with. Keep in mind that the terms are unlikely to change
once the contract is signed. Keep your employer's perspective in
mind, as you may need to bend on one term to reach another term. If
you cannot reach an agreement with the employer and are not
comfortable with certain terms, do not sign the contract.
In addition to
hiring a lawyer, I retained an accountant who has several medical
office accounts. The accountant was very helpful when reviewing the
contract and educated me on finances and practice management, and
whether or not the deal seems fair.
Unfortunately,
the majority of associate relationships are unsuccessful in the
long-term. You want to find an employer who is willing to make an
investment in you to help grow the practice. One of the fundamentals
of business is "you have to spend money to make money." If an
employer is unwilling to invest in you up front then the chances of
a long-term relationship are low. In my case, I chose to go at it
alone, which was right for me. You will have to decide what is right
for you.
Jordan R. Stewart, DPM
A PRESENT New Doc Editor
[email protected]
This program is supported by an education grant from
Dermik Laboratories.
|
|