Provided by: Jennifer Kirschenbaum, Esq.
August 8, 2024
Question:
Hi Jennifer,
We have a contracted physician who has breached the standard of care and was extremely rude to a few patients. We have to give this provider 60 days notice. How can we terminate for cause? Won’t the physician push back?
Thanks,
Dr. G
Answer:
Depending how your physician contract is worded, it sounds likely, given the limited facts you’ve shared, that there is a case to be made that this physician has violated his or her contract and such violation events constitute “Cause” under the agreement. Depending on the circumstances, characterizing the conduct as caused may be somewhat subjective. Your best defense to a challenge is clear and copious documentation of the transgressions, including witness support. Often times we find practices turn a blind eye to bad behavior for a period of time which creates a complacency. The key to a “for cause” termination is terminating at the time of a clear cause event, and maintaining a proper record of the “Cause” and termination process.
Happy to assist with formalizing documentation and with the termination process. Putting the work in up front will save us tenfold from a challenge on the backend.
Hi Jennifer,
We have a contracted physician who has breached the standard of care and was extremely rude to a few patients. We have to give this provider 60 days notice. How can we terminate for cause? Won’t the physician push back?
Thanks,
Dr. G
Answer:
Depending how your physician contract is worded, it sounds likely, given the limited facts you’ve shared, that there is a case to be made that this physician has violated his or her contract and such violation events constitute “Cause” under the agreement. Depending on the circumstances, characterizing the conduct as caused may be somewhat subjective. Your best defense to a challenge is clear and copious documentation of the transgressions, including witness support. Often times we find practices turn a blind eye to bad behavior for a period of time which creates a complacency. The key to a “for cause” termination is terminating at the time of a clear cause event, and maintaining a proper record of the “Cause” and termination process.
Happy to assist with formalizing documentation and with the termination process. Putting the work in up front will save us tenfold from a challenge on the backend.
