DOCTORS AND NONCOMPETES: WHAT IS THE AMA’S POSITION?

Lauren and I have written numerous posts on non-competes and physicians. Just enter the term “physican” in the search box and you will come up with over 15 different posts on when a non-compete contract can be enforced against a doctor.

Want to know what the largest professional association of doctors has to say on the topic? The American Medical Association’s (AMA) position is as follows:

E-9.02 Restrictive Covenants and the Practice of Medicine

Covenants-not-to-compete restrict competition, disrupt continuity of care, and potentially deprive the public of medical services. The Council on Ethical and Judicial Affairs discourages any agreement which restricts the right of a physician to practice medicine for a specified period of time or in a specified area upon termination of an employment, partnership, or corporate agreement. Restrictive covenants are unethical if they are excessive in geographic scope or duration in the circumstances presented, or if they fail to make reasonable accommodation of patients’ choice of physician.

My Question: How can Carilion Clinic and Lewis-Gale Medical Center (HCA) get away with unfair non-compete contracts for their new doctors?

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Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.