Protecting Doctors In The Workplace

Medical doctors have unique employment problems. They work in a highly regulated industry. They have professional credentialing issues, and peer review issues that can affect their employment, and career. They also work in a very competitive profession. Our firm has represented many M.D.s in Honolulu and across Hawaii, and solved a variety of employment-related problems for them.

Sometimes it becomes impossible for an M.D. professional to continue working with the same employer. This may be a result of restructuring, a change in ownership, competitive pressures or other issues that can come up causing a doctor's employment to be involuntarily terminated. Many times a doctor has contractual issues or is facing a credentialing problem. An experienced lawyer can help doctors in these situations in a number of ways.

Negotiating A Severance Agreement

It is often appropriate and sometimes required by an employment contract that, if there is an involuntary termination of an M.D.'s employment, a severance payment will be made in exchange for a doctor's release of employment claims. These are often difficult negotiations, which may involve a considerable amount of money and a doctor's reputation. Our firm brings strength to the M.D.'s negotiating position, and the ability to analyze a severance agreement. This has allowed us to work with doctors and their employer to negotiate a resolution.

NonCompete Agreements

Often doctors' employment agreements, and sometimes their severance agreements, include noncompete agreements. Hawaii courts generally enforce noncompete agreements, provided they are not contrary to the public interest, and are reasonable as far as the geographic scope and length of time an M.D.'s practice is restricted. It often is possible to negotiate a waiver by the employer of a noncompete clause, or to contest it, particularly to the extent it may infringe on patients' rights to care from the M.D. of their choice.

Representing Doctors Who Are Wrongfully Terminated

Sometimes a doctor is terminated for an illegal reason. Doctors often have to be whistleblowers, raising claims as to the adequacy of staffing or medical care. It can also be wrongful to terminate a doctor because he provides testimony or information to accreditation services or to the government. When an M.D. has a wrongful termination claim, there are several issues that need to be evaluated, particularly in Hawaii where we have a small medical community in which most people know each other, and will probably work together in the future. We can assist with evaluating these claims for a doctor.

Representing A Doctor Who Has Credentialing Problems

If a doctor loses or is not granted privileges, it can affect their entire career. Negative reports to the National Practitioner Data Bank ("NPDB") are devastating for an M.D. Before such a report is made the problem needs to be solved quickly and correctly. If your credentials are threatened, our firm can assist you.

Providing An Objective View

It is hard to be objective when an M.D. or any professional is facing termination. Our firm has a great deal of experience in employment law situations and oftentimes is familiar with the institution or personnel involved. Our experience and expertise can assist a doctor in resolving the issue in an objective manner.

Representing Doctors On Contractual Issues In Their Employment

Often doctors are paid based on complex financial formulas. Other times contractual issues arise concerning the money owed to an M.D. after the sale or purchase of a medical practice.

These are issues on which our firm can be of assistance. Our firm has helped doctors in these situations achieve results that are financially satisfying, and help them avoid a negative impact on their career.

The Experience Necessary To Assist Doctors In A Variety Of Matters

If you are an M.D. and are experiencing any of these issues in your workplace our firm would be glad to discuss your concerns with you.

To schedule a consultation with attorney David Simons, call our office at 808-536-3255 or use the contact form.