Representation for Medical Professionals

Fighting for Your Best Interest

New York Lawyers for Medical Professionals

Representing Doctors, Nurses, and Dentists in Employment Law Issues

Before and during assignments in hospitals and private practices, doctors, nurses, dentists, and other healthcare professionals might find themselves involved in matters that need legal guidance and counsel. Navigating these issues requires not only extensive knowledge of state and federal statutes but also an understanding of the processes and practices of the healthcare industry. At Nisar Law Group, P.C., our team of New York attorneys can help you with a variety of employment law matters. We routinely help medical professionals with their legal issues, and we will work hard to ensure your best interests are protected, and your rights are upheld.

For a solid advocate on your side, call us at (212) 600-9534 or contact us online. We offer an initial case evaluation.

Helping Healthcare Professionals with Pre-Employment Matters

As a doctor, nurse, or dentist, before accepting a position with a hospital or private practice, you may be required to negotiate and sign several contracts and agreements. The terms of these documents can affect various aspects of your career, including the benefits you receive should your employment be involuntarily terminated. Because of this, it’s important to review the material with a skilled attorney.

At Nisar Law Group, P.C., our New York employment law lawyers understand the pre-employment process in the healthcare system, and we can clearly explain the terms of your contracts. Additionally, we can negotiate with your employer to seek favorable terms with your interests in mind.

Our team can help with a variety of pre-employment matters, including reviewing and negotiating:

Pursuing Legal Action Against Employers

Sometimes, healthcare businesses, such as hospitals and private practices, might engage in conduct that violates the terms of contracts or state or federal laws. Some employees might feel they have been unfairly treated, but might not realize that they have the right to take legal action against their employers. While others might think that pursuing legal recourse may be challenging because they must fight back against their employer, who has a team of attorneys on their side.

It’s important to remember that you do have rights that can and should be upheld. Our New York attorneys are here to help pursue a claim against your employer if they have treated you unjustly.

We represent doctors, nurses, dentists, and other healthcare professionals in cases involving:

We are familiar with the healthcare industry and its inner workings and processes. Our experienced team will review your situation and examine relevant documents and records to build a strong case on your behalf. We can help navigate your claim with ease. Whether your matter can be settled out of court or must be heard by a judge or jury, we’ll be beside you working relentlessly toward a just result on your behalf.

Legal Representation for Disciplinary Matters

If a patient or colleague files a claim alleging that you have engaged in misconduct, you could be subject to an investigation by an internal medical review board or the New York Office of Professional Medical Conduct. The probes can be lengthy and add greater frustrations to an already stressful situation.

Our team is here to help you. We can provide skilled legal representation from the initial investigation interviews to the hearing. We’ll work to protect your professional license and your future.

Learn More About How We Can Help You

If you’re a medical professional who needs advice and guidance regarding an employment matter, reach out to our New York attorneys today. We’re a small litigation firm that provides the personalized attention you deserve.

Call us at (212) 600-9534 or contact us online.

Frequently Asked Questions About: Legal Representation for Medical Professionals

When do medical professionals need employment law attorneys?

Medical professionals need employment attorneys when facing wrongful termination, discrimination, or sexual harassment in hospitals or private practices. These issues can arise from conflicts with administrators, colleagues, or staff members and may involve violations of federal or state employment laws. Healthcare professionals also need legal guidance when navigating complex employment contracts, non-compete agreements, or severance negotiations.

Additionally, doctors, nurses, and dentists should consult employment attorneys when facing disciplinary actions that could affect their professional licenses, dealing with whistleblower retaliation for reporting patient safety concerns, or experiencing workplace violations related to their protected characteristics such as age, race, gender, or disability status.

What employment contracts should medical professionals have reviewed by attorneys?

Medical professionals should have attorneys review all major employment documents including offer letters, employment agreements, partnership agreements, independent contractor agreements, non-compete clauses, non-solicitation agreements, and severance packages. These contracts often contain complex terms regarding compensation, benefits, termination procedures, and post-employment restrictions that can significantly impact your career.

Hospital employment contracts and private practice agreements frequently include provisions about malpractice insurance, call schedules, productivity requirements, and restrictive covenants that limit where you can practice after leaving. Having an attorney review these terms before signing can help negotiate more favorable conditions and avoid problematic clauses that could restrict your future opportunities.

How can attorneys help with medical professional licensing issues?

Employment attorneys can provide crucial representation during investigations by medical review boards or the New York Office of Professional Medical Conduct when patients or colleagues file misconduct allegations. These proceedings can threaten your professional license and livelihood, requiring skilled legal representation to protect your career and reputation.

Attorneys experienced in healthcare employment law understand the intersection between employment disputes and licensing issues. They can help when workplace conflicts lead to false allegations, retaliation results in disciplinary complaints, or when employment terminations are designed to damage your professional standing through negative reporting to licensing boards.

What are common employment law violations affecting healthcare workers?

Healthcare professionals frequently face discrimination based on age, race, gender, religion, or national origin, particularly in hiring, promotion, and termination decisions. Sexual harassment is also unfortunately common in healthcare settings, involving inappropriate conduct from supervisors, colleagues, or even patients that creates hostile work environments.

Other violations include wrongful termination for reporting patient safety concerns or regulatory violations, retaliation for whistleblowing about healthcare fraud or unsafe practices, wage and hour violations affecting nurses and support staff, and disability discrimination when healthcare workers develop medical conditions that require workplace accommodations.

Are non-compete agreements enforceable against medical professionals?

Non-compete agreements for medical professionals are subject to specific legal standards that vary by state, but generally must be reasonable in scope, duration, and geographic area to be enforceable. Courts often scrutinize these agreements more carefully in healthcare because they can limit patient access to care and restrict physicians’ ability to practice their profession.

Factors affecting enforceability include whether the restrictions are necessary to protect legitimate business interests like patient relationships or confidential information, the geographic scope of the restriction, the duration of the non-compete period, and whether the agreement provides adequate compensation for the restriction. An attorney can evaluate your specific agreement and challenge overly broad or unreasonable restrictions.

What should I do if I'm wrongfully terminated from a medical position?

If you believe you’ve been wrongfully terminated, immediately document the circumstances surrounding your termination, gather relevant employment records, and preserve communications that might show the real reason for your dismissal. Contact an employment attorney promptly, as there are strict deadlines for filing discrimination complaints and other legal claims.

Consider whether your termination violated your employment contract, was motivated by discrimination or retaliation, or involved improper procedures outlined in hospital policies or medical staff bylaws. Your attorney can help determine if you have claims for wrongful termination, breach of contract, or violations of whistleblower protection laws, and can work to protect your professional reputation and licensing status.

How do I report workplace discrimination in healthcare settings?

Healthcare workplace discrimination should be reported through your employer’s internal complaint procedures first, if available, while also documenting the discriminatory conduct thoroughly. Keep records of discriminatory comments, unequal treatment, and any witnesses to the behavior. You may also need to file complaints with external agencies like the EEOC for federal discrimination claims.

Given the professional licensing implications in healthcare, it’s important to handle discrimination complaints carefully to avoid retaliation that could affect your career. An employment attorney can guide you through the reporting process, help protect you from retaliation, and ensure that discrimination complaints don’t trigger false allegations or disciplinary actions against your professional license.

What protections exist for medical professionals who report safety violations?

Medical professionals who report patient safety violations, healthcare fraud, or regulatory violations are protected under various whistleblower laws including the False Claims Act, Sarbanes-Oxley Act, and state whistleblower protection statutes. These laws prohibit retaliation such as termination, demotion, harassment, or negative performance reviews for making protected disclosures.

Healthcare whistleblower protections cover reporting violations to supervisors, regulatory agencies, law enforcement, or in some cases, external organizations. However, the specific procedures and protections vary depending on the type of violation reported and the applicable law, making it important to consult with an attorney who understands healthcare whistleblower requirements.

Can medical professionals sue for workplace harassment from patients or colleagues?

Yes, medical professionals can pursue legal action for workplace harassment, whether from colleagues, supervisors, or in some cases, patients when the employer fails to provide a safe work environment. Hospitals and healthcare facilities have obligations to maintain harassment-free workplaces and must take appropriate action when harassment is reported.

Sexual harassment, discriminatory harassment based on protected characteristics, and hostile work environments are actionable regardless of whether the harasser is a colleague or patient. Employers must implement policies to prevent harassment and respond appropriately when it occurs, including taking steps to protect staff from patient harassment when possible.

How do attorneys help negotiate medical employment contracts?

Employment attorneys can review proposed contracts to identify problematic terms, negotiate more favorable compensation and benefit packages, modify restrictive covenants that could limit future practice opportunities, and ensure that termination procedures are fair and properly defined. They can also negotiate provisions for malpractice insurance coverage, tail coverage, and dispute resolution procedures.

Attorneys experienced in healthcare employment understand industry-specific issues like call responsibilities, productivity requirements, medical staff privileges, and partnership track provisions. They can help structure agreements that protect your interests while meeting the employer’s legitimate business needs, and can negotiate exit terms that preserve your professional reputation and future opportunities.

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