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Verbal agreement what is a breach?

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C

cptnoid

Guest
What is the name of your state? Michigan

Out of residency entered into verbal agreement with older doctor to "lease" the use of his office, staff, and supplies and include all expenses other than personal business expenses or malpractice premiums for 50% of my collections. This began now three years ago. Now physician wants 60% of my collections or I must leave in 90 days but he has instructed staff not to allow access to patient address functions on computer if I leave. Assuming our agreement is valid and enforceable (it is not in writing), then would it be considered a breach to either change the percentage to 60 or not allow normal business functions (access to patient addresses for mailing to notify if I leave)?
 


ellencee

Senior Member
cptnoid
The patients belong to the practice and you are not a partner in the practice; therefore, you do not have any degree of ownership of patient records, not even the names and demographics.

If you want 'your' patients to know where you are hanging out your shingle, should you decide to leave, put an ad (announcing your new location) in the newspaper.

I feel sure the attorney who answers your post will say the MD is within his rights and you have the option of negotiating a new contract (in writing), agreeing to his terms, or leaving.

Best wishes,
EC
 
C

cptnoid

Guest
Perhaps I was too brief

Sorry in my attempt to be brief I may have mis-spoken. I am solo incorporated, the other gentleman is incorporated. There is no employee-employer or partnership relationship between us. Our agreed upon intent was to have two separate practices use the same building and staff I would simply pay him for the associated cost of my use - maybe call it cost sharing, a lease, or per diem -- but it was calculated based on his historic overhead which was 50%. It was a verbal contract to pay for services and use of the space the patients and charts were always intended to be mine- many I brought with me from a brief start up site.
 

HomeGuru

Senior Member
cptnoid said:
Sorry in my attempt to be brief I may have mis-spoken. I am solo incorporated, the other gentleman is incorporated. There is no employee-employer or partnership relationship between us. Our agreed upon intent was to have two separate practices use the same building and staff I would simply pay him for the associated cost of my use - maybe call it cost sharing, a lease, or per diem -- but it was calculated based on his historic overhead which was 50%. It was a verbal contract to pay for services and use of the space the patients and charts were always intended to be mine- many I brought with me from a brief start up site.
**A: you are a doctor and did not hire a legal professional to draft a business partnership agreement for you?
 

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