1. Have they had associates before? How many? How long did they stay? Why did they leave?

2. Were they forced to leave? Was it voluntary? Was it mutually agreeable? Was there any bad blood?

3. Do they have a restrictive covenant for the physician employees? (A restrictive covenant is simply a promise from you that if you leave the Group for any reason, then you will not be able to practice medicine for a specific time within a specific location.)

4. Has the Group ever had to go to Court to litigate a restrictive covenant? Why? This is a touchy question. By raising it, the Group might construe such a question as a feeler for whether they would ever go after you if you violated your restrictive covenant.

"Why would you raise the issue if you never intend to violate our restriction?" "Just curious, I guess," may not pass muster. Instead, simply tell them that you want to know if there have been any employment issues that have arisen in the Group that ended up in litigation. This way your question stays under the radar and nobody gets the wrong idea about your question.

5. Is anyone in the Group currently involved in a malpractice case?

6. Was anyone in the Group previously involved in a case?Was there a settlement or verdict against the group?

7. Do these guys (or girls) testify as experts in malpractice or accident cases?

8. Have any disputes with partners ever resulted in litigation?

9. Has your Group ever dissolved and re-formed with new partners?

The answers to these questions will help you analyze whether this is the right medical group for you to join. Remember, the more information you have before you sign, the better off you'll be during your negotiations and after you sign on the dotted line.

Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. He has recently published a book that will help every doctor in residency and every doctor changing jobs to understand their employment contract. Take a look at his useful website, http://www.mdcontract.com for more information.

Over the last ten years, Gerry has developed a niche practice helping residents and physicians who are changing jobs by evaluating and negotiating their physician employment contracts. Gerry can be reached at http://www.lawmed1@optonline.net, or 516-487-8207. All inquiries are free and totally confidential.

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