It is not Virginia, and each state is a little different, but a judge in Springfield, Ohio recently found a non-compete involving surgeons to be unenforceable.

The surgeons, who are physician-investors in the soon-to-open Ohio Valley Medical Center, filed a complaint asking the court to find their non-compete with Springfield Surgery Center was unenforceable. The surgeons were previously limited partners in Springfield Surgery Center (SSC) and had signed a non-compete with SSC.

In holding the non-compete unenforceable, the found the following facts to be significant:

* Ohio law provides that restrictive clauses against physicians can be detrimental to public health care….a similar line of cases exists in Virginia under certain situations.

* The terms of the restrictive clause was too long.

* Ohio Valley Medical Hospital is a “surgical hospital” and not an “outpatient surgery center,” and therefore the language of the restrictive clause did not not apply.

My Take: Virgina Courts may have reached the same decision.

Dan Frith
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