The Review Podcast

In the event that one party is in breach of contract, liquidated damages define an amount of compensation that will be owed to the opposing party. Physician employers typically define liquidated damages for contract breaches where an exact damage amount could, in theory, be difficult to calculate—for example, if a physician leaves a job without giving the proper notice or violates a non-compete agreement.
Attorneys Kyle Claussen and Brady Glissendorf discuss how liquidated damages could affect physicians and whether such contract terms should be negotiated.

A J-1 visa allows foreign medical graduates to participate in graduate medical training programs within the United States. However, once that training is complete, physicians on a J-1 visa must return to their home country for a minimum of two years before they can return to the U.S. and practice medicine as an attending. A J-1 visa waiver allows these physicians to circumvent the two-year foreign residence requirement. Angela Lopez, an immigration attorney, visits the podcast to further explain J-1 visas, waivers, and the different options physicians have for obtaining a waiver.

A force majeure, or "act of god," clause relieves both parties from their contractual obligations when unforeseen or uncontrollable events occur. These clauses typically come into play when a disaster, such as a hurricane or fire, takes place, rendering either party unable to fulfill their obligations. Following the COVID-19 pandemic, force majeure clauses have become more common in physician employment contracts. Attorneys Kyle Claussen and Skyler Mickelson explain why these clauses are appearing more often and how they could be potentially damaging to a physician's career.

Guaranteeing the proper equipment and support staff in an employment contract can be important for certain physicians. Surgical specialists may need access to specific tools or robotics, and other physicians might want to ensure a PA or scribe will be working alongside them. Attorneys Kyle Claussen and Brady Glissendorf discuss when, why, and how equipment and support staff needs should be stipulated in a contract.

Outside of expiration, an employment contract can generally be terminated in one of two ways - "for cause" or "without cause." While termination without cause does not require a specific reason, termination for cause is usually the result of some misconduct by either a physician or an employer. Attorneys Kyle Claussen and Skyler Mickelson detail some examples of termination for cause and explain how broad definitions of misconduct and subjective contract language can be detrimental to physicians.

Properly defined duties, responsibilities, and scheduling are often overlooked in physician employment contracts. These aspects of a job can appear straightforward, and are typically discussed during the interview process, but those conversations do not always translate well to an offer letter or contract. Attorneys Kyle Claussen and Brady Glissendorf explain how vague contract language about scheduling and other logistics of a job can be problematic for physicians.

Negotiating an employment contract can be daunting, especially for new attending physicians. Medical school and training will seldom prepare physicians for the business side of medicine, which includes reviewing and negotiating contracts. While it is normal to feel apprehensive about negotiations, many fears surrounding the process are overexaggerated and it is extremely rare for things to go wrong. Attorneys Kyle Claussen and Bryce Krieger discuss the common concerns physicians have when negotiating a contract and describe how they can be mitigated.

It is common to find some form of outside activities restrictions in physician employment contracts. These terms can restrict a physician's ability to work a side gig or grow a business outside of their day job, especially if it also relates to medicine. Attorneys Zach Beare and Kyle Claussen explain how outside activities restrictions are typically structured and how physicians might negotiate them with an employer.

The majority of physician employment contracts will include some sort of call schedule. The amount of call hours, how the schedule is shared, and compensation for your time will vary based on specialty and location. Regardless, call has the potential to make or break a physician's work/life balance. Attorneys Bryce Krieger and Kyle Claussen explain how employment contracts typically outline call and describe the more ideal scenarios for physicians.

All physicians need some form of malpractice insurance, especially since most will be sued at some point in their careers. However, there are a few different policy types that employers may offer and even more options for how the coverage is paid for. Attorneys Zach Beare and Kyle Claussen break down the two main policy types, explain when tail coverage is necessary, and describe the various payment scenarios.