As a physician, accepting a new job can be exciting, but it`s important not to overlook the fine print in your employment agreement. One clause that requires careful attention is the indemnification clause, which outlines the responsibilities and liabilities you may face if any legal issues arise during your employment.
An indemnification clause is a provision in a contract that shifts the responsibility for any legal claims arising from the actions or omissions of one party to another party. In the case of physician employment agreements, the clause typically applies to any claims arising from the care and treatment of patients.
The indemnification clause in a physician employment agreement typically requires the physician to defend, indemnify, and hold harmless their employer from any legal claims that arise from their actions or omissions, including claims of medical malpractice. This means that if a patient files a lawsuit against the physician, the employer can require the physician to pay for the cost of defending the lawsuit and any damages awarded to the patient.
It`s important to note that the indemnification clause only applies when the physician is acting within the scope of their employment duties. If a physician performs services outside of their employment, such as volunteering at a free clinic, the indemnification clause may not apply.
It`s also important to carefully review the indemnification clause to ensure that it is fair and reasonable. Some employers may include overly broad indemnification clauses that could leave the physician exposed to unreasonable risk and liability. If you have any concerns about the indemnification clause in your employment agreement, it`s important to seek the advice of an experienced healthcare attorney to ensure that your interests are protected.
In conclusion, the indemnification clause is an essential part of any physician employment agreement. Make sure to review this clause carefully to understand your responsibilities and liabilities as a physician if any legal issues arise during your employment. Seeking legal advice is always a wise move to protect yourself from any unjust agreement.