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Re: Restrictive Covenants From: AFuentes (afuentes@onetinc.com) Sun Jan 12 09:32:26 1997 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: Paul Prior MD: "Re: pms" Previous message: Robert Brenner: "The heartbreak of a VBAC" Maybe in reply to: Gary Kleinman: "Restrictive Covenants" Next in thread: Robert Brenner: "Re: Restrictive Covenants" Gary, This covenant is not enforceable if it is between you and the hospital. The Florida courts have upheld such covenants between physicians, but not with a hospital. I can't recall the citations, but I'm sure your attorney can. Armando Fuentes MD,MBA Division Maternal-Fetal Medicine Florida Hospital Orlando, FL. -- ---------- > From: Gary Kleinman <fuf@gulf.net> > To: Multiple recipients of list <ob-gyn-l@talk.obgyn.net> > Subject: Restrictive Covenants > Date: Saturday, January 11, 1997 2:23 PM > > I wonder if the members of the List could help me with a contract question. > I will consult my attorney about this, but the opinions and experience of > medical practioners would be most valuable. > > My associate and I are the only perinatologists in the FL Panhandle. I am > also the only boarded medical geneticist in the Panhandle. We have signed 3 > non-compete clauses (in our last 3 yearly contracts) with the University > who runs our Pensacola program. The local hospital (the level 3 perinatal > center) insists on this clause too, as part of their contract with the > hospital. The "restriction radius" is about 50 miles (2 counties). For many > reasons, now we are reluctant to accept another such clause. Reasons > include: > > 1. Offers of covenant waiver for other faculty members at the convenience > of the Hospital and University. > > 2. Possibility of better opportunities if not affiliated with university. > > 3. We are the only such specialists in the region. Absence of perinatology > (and genetics) would be potentially detrimental to health care access in > the region. > > 4. We are physicians in practice and would not be in direct competition > with a university or hospital. The business of a university or hospital is > different than a perinatal practice. We would still bring all our patients > to the level 3 center and would be willing to negotiate a teaching > agreement with the university. > > 5. We dont want to move > > The university representatives and hospital representatives wont budge on > this. My impression is to sign after documenting a protest. Do members of > the list think that this restrictive covenant is enforceable? Does anyone > have any suggestions reagarding negotiations? Does anyone know of opinions > of organized medicine regarding such clauses. > > Thank you in advance. > > Gary Kleinman > > Gary E. Kleinman, MD > Perinatologist/Geneticist > University of Fl/Pensacola > 5045 Carpenter Creek Drive > Pensacola. FL 32503 > 904 484-9400 > 904 494-1945 Fax > Next message: Paul Prior MD: "Re: pms" Previous message: Robert Brenner: "The heartbreak of a VBAC" Maybe in reply to: Gary Kleinman: "Restrictive Covenants" Next in thread: Robert Brenner: "Re: Restrictive Covenants"

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