JOHN SHUFELDT, MD, JD, MBA, FACEP Let’s be honest, we have all done it: hired someone who, in retrospect, had only two brain cells, both of which turned out to be mutually inhibitory. Have I told you about the time (many years ago) when I hired a provider who, on a busy day, locked himself in the bathroom and screamed, “If you don’t get me some more help, I am going to start drinking?” Since …
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October 2007
Employment Contracts Part 2: Troublesome Clauses
Congratulations, you have found the perfect job! The chemistry is right, the pay is adequate, and the working environment is somewhat better than a sweatshop. So what’s missing? Ah yes, the contract—that little document designed to protect both parties in the event of a disagreement. Although that description sounds innocuous, employment contracts are usually written by employers and tend to be slanted to their needs, as opposed to those of the employee or contractor. Therefore, …
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September 2007
Test the Waters Before Signing an Employment Contract
JOHN SHUFELDT, MD, JD, MBA, FACEP It sounded like a great job. You saw the ad in the back of JUCM and contacted the person listed at the bottom. He seemed pleasant enough on the phone and the pay was what you thought was the market rate for the area. The next day, you drove over for the interview, which consisted of only four questions (the first being “If you were a tree…” and the …
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July/August 2007
Vicarious Liability
JOHN SHUFELDT, MD, JD, MBA, FACEP It’s 8:15 on Sunday morning. This is the first morning you have actually been able to sleep in since you opened the urgent care center five months ago. Truth be told, you drank a glass (or two) of wine too many last night and are still feeling the effects this morning. However, you don’t care; you have the day off and you can slouch around till noon and no …
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June 2007
Overview of a Malpractice Trial (and How to Survive)
JOHN SHUFELDT, MD, JD, MBA, FACEP It’s game day. The trial begins today and your fate will be decided by a jury of your “peers.” Never mind the fact that none of them are physicians, only three have been to college, and two did not even graduate from high school; in the eyes of the law, they are your peers and will be the ones to decide if your care met the standard of care. …
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