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American Academy of Emergency Medicine

Contract Resources

None of the information on this web page constitutes legal advice. AAEM provides this information only for the purpose of continuing education in the area of professional practice development. AAEM cannot make referrals to specific attorneys, but you may receive such a referral from the American Bar Association web link below, or from a state or county bar association.

Important Links

On the ABA home page search "State & Local Bar Associations." This will bring up a map of the U.S.  If you click on any state, it will lead you to information about the state bar association.  State bar associations may provide you with appropriate referrals to contract attorneys.


Medical Liability - State by State

 


Rules of the Road - Chapter Resource

Excerpt from Rules of the Road EM for Residents
6th Edition | Tom Scaletta, MD FAAEM; Editor | Michael Ybarra, MD; Co-Editor | Published 2010

Read the "Contract Issues" chapter here.

 


Podcast Resources

  • Restrictive Covenants
    Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine, and past-president of AAEM, discusses restrictive covenants in emergency physician contracts. Dr. Weiss discusses this common problem in emergency physician contracts and details what these covenants typically entail. He outlines the circumstances where a court may enforce a restrictive covenant, and describes how AAEM has directly advocated for individuals subjected to unfair restrictive covenants. Intro music by Kämmerer, "Take Left" from the album "Rhodes to Wisdom," powered by JAMENDO.
     
  • Key Contract Terms
    Joseph Wood, MD JD MAAEM FAAEM, Vice Chair of Emergency Medicine at Mayo Clinic in Scottsdale, and past-president of AAEM, discusses key terms in emergency physician contracts. Dr. Wood outlines contract basics including: termination, employee versus independent contractor status, medical malpractice insurance, and noncompete clauses. Intro music by Kämmerer, "Take Left" from the album "Rhodes to Wisdom," powered by JAMENDO.
     
  • Due Process Rights
    Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine and past president of AAEM, discusses the single most important practice right you have as an emergency physician -- your right to due process. Dr. Weiss details the definition of "due process," the source of those rights, and makes the case for why you should closely screen your contract for infringements of your due process rights, and obtain proper legal counsel. Intro music by Kämmerer, "Take Left" from the album "Rhodes to Wisdom," powered by JAMENDO.
  • Due Process Survey of EPs
    Joseph Wood, MD JD MAAEM FAAEM, Vice Chair of Emergency Medicine at Mayo Clinic in Scottsdale, and past-president of AAEM, interviews fellow past-president, Robert McNamara, MD FAAEM, Professor and Chairperson of the Department of Emergency Medicine at Temple University, about the recently published survey of EPs regarding due process, financial pressures, and the ability to advocate for patients. Intro music by Kämmerer, "Take Left" from the album "Rhodes to Wisdom," powered by JAMENDO
  • Due Process Rights: The Case of a Physician Who Fought Back and Won
    Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, interviews Jeffery Lurner, APC, about due process rights in the case of Dr. Chudnovsky v. Chapman Medical Center. They will discuss the highlights of the case, the due process issues called into question, and medical staff bylaws in relation to contract provisions. Mr. Lurner can be contacted for questions at jlurner@email.com. Intro music by Kämmerer, "Take Left" from the album "Rhodes to Wisdom," powered by JAMENDO.
  • Medical Staff v. Avera Marshall: A New Source of Physician Due Process Rights
    Larry Weiss, MD JD MAAEM FAAEM, Professor of Emergency Medicine and past president of AAEM, interviews Kathy Kimmel, a Minneapolis-based lawyer, about the recently decided landmark case from the Minnesota Supreme Court. This episode covers the interest garnered by this case, an overview of the important details, and implications for emergency physicians. Intro music by Kämmerer, "Take Left" from the album "Rhodes to Wisdom," powered by JAMENDO.
     
  • Read Your Contract - It's Dangerous!
    Larry Weiss, MD JD MAAEM FAAEM, Professor of Emergency Medicine and past president of AAEM, discusses the potential dangers of emergency physician contracts. This episode covers what defines a contract, areas of potential concern, employee versus independent contractors, indemnification clauses, and termination. Intro music by Kämmerer, "Take Left" from the album "Rhodes to Wisdom," powered by JAMENDO.