• Is It Time to Renew Your Medical Director Agreement?

    Friday May 17, 2013

    In an arbitration ruling in December 2011 in case of The Estate of Jane Doe versus ABC Health & Rehabilitation Center the terms specified in the Medical Director Agreement played a significant role in the Arbitration Panel ruling in favor of the defendant ABC Health and Rehab.  The Arbitration Panel members found there had been no showing that any act or omission by the nurses at ABC Health and Rehabilitation Center constituted a breach of the applicable standard of care or caused the medical problems culminating in the resident's death.   A significant factor in the favorable outcome of this case for the facility was the terms of the Medical Director Agreement.  The Medical Director Agreement stated that the Medical Director was an independent contractor; the roles of the medical director were clearly stated and did not include a responsibility to diagnose or treat patients.  Rather, the agreement clearly stipulated that any services the physician was to provide in that regard were to be in his independent role as an attending physician and the facility was not liable for the acts or omissions of the attending physician. 


    Are the roles of your Medical Director in your Medical Director Agreement clearly defined and separate from any acts he/she may engage is as attending physician who has a responsibility to diagnose and treat patients?  If not you may wish to review your contract with your corporate counsel and decide if clarification is needed to this area or any other areas of the agreement.


    A sample Medical Director Agreement for your review is available from the American Medical Director Association at the link below. We do not recommend any changes to your agreement without review and discussion with your corporate counsel. 



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