Keith Clouse, a Dallas-based employment law attorney, regularly advises physicians and medical groups regarding physician employment contracts. Many physician employment contracts include a “representations and warranties” section in which the physician makes certain representations and warranties. This section covers matters that are considered fundamental to the employer’s decision to hire the physician.
Possible representations might include a representation that:
• the physician is duly licensed as a physician by the applicable state licensing authority;
• the physician’s license to practice medicine has never been suspended or revoked by any state licensing authority;
• the physician’s privileges at a hospital have not been involuntarily suspended or revoked; and
• the physician’s execution and performance of the employment agreement does not violate or breach any other agreement to which the physician is bound (This would include a covenant not to compete contained in an employment agreement between the physician and a previous employer.).
Because these matters are fundamental to the employer’s decision to hire the physician, most employers will also contract for the right to terminate the physician’s employment if the physician made a representation that was untrue when the doctor signed the agreement.
Press Release Contact Information:
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.3833 ( fax)