Beware of conflicting terms in your employment agreement, on the one hand, and the medical staff bylaws, on the other hand. Although an employment agreement may include seemingly beneficial terms, there is often hidden language that has the effect of negating its terms by qualifying the employment agreement by language contained in the bylaws:
- “In the event of a conflict between the terms of the Physician’s Employment Agreement and the Medical Staff Bylaws, the Medical Staff Bylaws shall control.”
- “Subject to the Medical Staff Bylaws, Physician may…”
- “Except as otherwise stated in the Medical Staff Bylaws, Physician may…”
- “Except as permitted by the Medical Staff Bylaws, Physician may…”
Termination of Medical Staff Privileges: Impact on Employment Agreement
Whether you are employed by a hospital or by a private practice, your employment is likely at risk if your hospital medical staff privileges are suspended, revoked or restricted. Even if your medical staff privileges are suspended and then later reinstated, the initial suspension may nevertheless trigger termination of your employment agreement.