Associate Physician Departing from Practice – Legal Considerations

The departure of an associate physician from a practice always requires the practice and the departing associate to take steps to ensure a smooth transition. Both the associate and physician practice owners must address the ethical, regulatory, contractual, managed care, and liability impact of the exit.  Interests of both the physicians and patients must be considered. 

When a physician leaves a practice, often the employer’s first instinct is to determine how to best protect the practice’s financial position, including how to retain patients or prevent the departing physician from setting up a competing practice. Although these matters warrant consideration, the most immediate concern for both the practice and the departing physician should be ensuring continuity of care and access to medical records for all involved patients and physicians. These are high priority ethical responsibilities that, when fulfilled, will facilitate a smooth transfer of patient care and will protect all involved physicians against allegations of patient abandonment or medical record infractions.