You have spent years to obtain the tools to become a successful healthcare provider. However, you may have been too busy that you did not learn the business side of healthcare. It is paramount that you make sure that that all of your business agreements are up to date and comply with legal requirements. 

Of concern is the potential for a physician or the clinic to be held liable for work done independently by another member of the healthcare team in circumstances where the physician had no direct involvement in the care and/or was not involved either in the training or supervision of that other professional. Recent case law in Ontario has shown that a patient can sue a clinic where she was treated as a patient by a nurse even though the nurse was an independent contractor and had her own professional insurance.

The delivery of your services as a physician relies on your professional judgement. Physicians, and, by implication, their staff and employees, must follow required standards and practices and these documents can assist you in doing so. Communication or the lack thereof can lead to legal liabilities. Using the proper forms and polices helps everyone in the clinic to rely less on their memory. This is consistent and important in risk management. Are you just relying on the CMPA to pay for any investigations and potential lawsuits or do you want to take steps to reduce your liability?

To minimize your risk and liability, we have a legal package which we offer to medical and cosmetic clinics. Briefly, we will provide you with a comprehensive policy and procedures manual, protocols, as well as several contracts that will provide a legal basis for employees and physicians at your clinic. It will offer strong legal protections for your interests.

The items that we will provide your clinic will aid your clinic in a few ways. For example, a policy and procedures manual will aid you in facilitating clerical and administrative tasks of the firm. Various contracts will aid in the compliance of required standards by law, and will improve communication in your clinic. All of these documents will aid in removing dependence of memory, and rather give you legal precedents to work off of. If you have any questions about the Medical Professionals Employment Package, I would be happy to discuss them with you.

The package has three components which you could purchase individually at a slightly higher cost.

1. Policy Manual;
2. Forms;
3. Employment Agreements; and
4. Physician partnership or Independent Contractor Agreements.

The cost of any litigation, college investigation or Alberta Labor Standards investigations is so much higher than the cost of this package. We offer flexible payment plans. This package should reduce your liability substantially. Don’t make the expensive mistake to think that the CMPA will always cover your costs of any investigation or lawsuit.

Kindly contact me by email or call my office to set up a time when I can meet with you to discuss this package.

If you are in a group practice, partnership or association you want to make sure to address all issues and possible problems and what your course of action will be. Some of the issues you may need to address are the following:

You need to ask yourself what will happen when a physician wants to leave? Have you set out all the responsibilities of each physician in an agreement? How will you deal with conflict and staffing issues? How will you make decisions about purchasing expensive equipment or changing the hours of the clinic? What happens when a physician becomes disabled or dies? You have to make sure that it is clear what the responsibilities of each physician is. These are only a few of the issues that need to be addressed.

If you are the owner of a clinic and you have other physicians working there as independent contractors you have to make sure that you tackle the responsibilities of these physicians in an agreement. You want to make sure that you have an agreement in place to deal with issues when they leave. What will happen to their patients? Can you change the hours which they will available to work in the clinic? What if they want to work outside of the clinic? 

If you do not have a proper agreement in place you have an unpredictable and uncontrolled situation that can take years to resolve. 

• Employment Agreements;
• Independent Contractor Agreements;
• Confidentiality Agreements;
• Asset Purchase / Sale Agreements;
• Shareholder Agreements;
• Partnership Agreements;
• Joint Venture Agreements; and
• Severance Packages.

We know that you are a busy professional. To understand your clinic requirements Irma will meet with you at your clinic. You will have a very clear understanding of what the costs will be and there will not be any surprises.

Many clinics do not have enough staff to warrant an HR manager. Working so closely with your staff on a daily basis can make it very difficult to discuss employment issues with them. After meeting with you and hearing your concerns we can meet with your individual employees and discuss the issues that you have with them. Irma will also provide feedback to you of any concerns that they may have.

Transparency in legal fees is something that every business owners strives to have. With Irma’s services, you will know the cost of every agreement or application that she provides. Please contact Irma to find out the cost associated with any business law matter.