Corporate Lawyers Providing Advice To Montreal’s Healthcare Professionals

Medical professionals are masters in their areas of expertise. Unfortunately, a substantial portion of the operational workload for their business involves legal paperwork. Creating, reviewing, and managing detailed contracts is a vital part of building a thriving, well-organized practice. Without effective agreements, your business may be vulnerable to financial losses, legal challenges, fines, or reprimands from regulatory agencies.

Drafting contracts generally fall outside the scope of a medical professional’s skills. It is therefore essential, to retain the services of a trusted attorney in order to protect and grow your business interests. MÉDICALOI can offer clear and honest guidance for all of your contractual needs. Contact our office today to discover how we can provide high-quality legal services to optimize your contractual needs.

Contracts Commonly Entered Into By Healthcare Professionals

In the simplest of terms, a contract is an agreement between two parties that outlines their obligations toward one another. All healthcare-related enterprises involve a vast array of contracts that govern the business’s day-to-day operations. Utilizing the correct contracts, ensuring they meet regulatory standards and operational requirements, and keeping them adequately systematized are all key components of a successful medical business. Contracts or agreements can be drafted for nearly any situation, but the following are a few of the most routinely employed business contracts for healthcare professionals.

Employment Contracts

Physicians, nurses, or other professional staff members working for a professional practice typically enter into an employment contract that clearly defines their working relationship and obligations towards the business. The expectations for both parties must be carefully detailed and include information such as performance requirements, hours, compensation, benefits, and any restrictive covenants. Keeping contract terms confidential is yet another challenge that businesses may encounter. Omitting essential clauses or information can lead to substantial legal consequences and jeopardize your ability to hire and retain staff.

Independent Contractor Agreements

Healthcare professionals are not always directly employed by a practice. Instead, they provide services as an independent contractor. The professional must have an agreement with each entity they deal with to ensure fair compensation, proper handling of liability issues, and other aspects of their working arrangement.

Technology Licensing

Today’s healthcare system is highly dependent upon advanced technology services for nearly all phases of the care process, from scheduling to billing. Each item of healthcare technology used by professionals is governed by a licensing agreement that defines how and where it can be used, all fees involved, terms of termination, and more. It is critical to thoroughly read and understand these agreements before consenting to ensure the technology will meet your needs now and as your practice expands.

Outsourcing Services

Healthcare businesses choose to outsource certain services to third parties to streamline their operations. Commonly outsourced services include IT assistance, collections, billing, coding, and janitorial services. Contracts with maintenance services must be custom-made to correspond to your specific situation and needs.

Equipment Lease Agreements

Purchasing new medical equipment can be expensive. Leasing your equipment can be a more cost-effective alternative. However, it is incumbent upon the lessee to carefully read the contract provided by the lessor to understand how the lease will be conducted, the overall cost, how repairs may be requested, as well as when and how the lease can be terminated.

Indemnification and Liability

Liability is a prominent issue within the healthcare field. In addition to risk-reduction strategies and malpractice insurance, it is essential to consider the protective role of indemnification and liability clauses in your contracts. The extent of the protection provided by an indemnification clause in an agreement is often contingent upon the terms of the document as a whole, so requesting a thorough review of your contract by your legal counsel is always the best practice.

Restrictive Covenants

Also known as “non-compete clauses,” and non-sollicitation may be used for several purposes, such as protecting your business from client loss or shielding your staff from recruitment by former employees. However, these clauses are strictly regulated and often litigated. If a restrictive covenant is necessary to safeguard your business, contact a knowledgeable law firm to assist with the composition of your contract to ensure the legality of your clauses, and prohibiting others from working in the field of activity that competes with your business for a certain amount of time for a certain amount of time and within a certain geographical location.

Dispute Resolution

Outlining both parties’ rights for resolving any disagreements that may arise is a crucial aspect of any contract. Your lawyer should examine the document to ensure that the terms for dispute resolution are fair and do not curtail your legal rights. For example, some employment contracts may include language that precludes a physician from seeking assistance from their legal counsel or the Canadian Medical Protective Association (CMPA). This easily overlooked clause could place a health practitioner at an extreme disadvantage in a contract dispute.

Why Hire Medicaloi For Your Contractual Needs?

Medical contracts can cover a vast array of purposes and situations. The legislation governing contract law is extensive and difficult for healthcare professionals to navigate independently. Using generic templates for basic contracts can present a tempting shortcut. However, these one-size-fits-all documents often don’t provide the detailed information you need to make your agreement useful, compliant, or legally binding.

Our skilled team at MÉDICALOI can draft, review, and modify comprehensive contracts to help you expand your practice while safeguarding you from future legal hurdles. Reach out to our law firm today to schedule an in-depth evaluation and learn how we can leverage our knowledge to assist you: (438) 805-5515.