How Often Do Large AMCs Attempt to Legally Enforce Non-Compete Clauses?

Aether2000

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    A large AMC is in litigation with several anesthesia groups throughout Florida and some may leave the AMC. Some legacy anesthesiologists do not have a non-compete clause, but all of the more recent physicians do. How likely is an AMC to litigate to enforce the non-compete clause if they lose the contract with a hospital?
     

    dannyboy1

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      A large AMC is in litigation with several anesthesia groups throughout Florida and some may leave the AMC. Some legacy anesthesiologists do not have a non-compete clause, but all of the more recent physicians do. How likely is an AMC to litigate to enforce the non-compete clause if they lose the contract with a hospital?
      For an individual provider switching jobs probably not so much. In this situation they will definitely try to enforce or get money from the hospital to let it go...
       

      narcotics999

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        For my N=1, one NY AMC did, against both physicians and CRNAs who stayed on after it lost the contract.

        It got no $. The affected just had to work in another hospital of the new group. That hospital is outside the non-compete radius.
         
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        Pharmado

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          Weren’t the noncompetes enforced in Charlotte and in the Twin Cities? The AMCs don’t have a choice but to enforce them. The business model dissolves if they don’t.

          The AMC (Mednax) ultimately released providers from the non-compete in the Twin Cities but only if they stayed on with the group that took over and only as part of a negotiation that essentially let the MEDNAX abandon all the other sites they had in the city as well. They did this so late in the process that many of the physicians and CRNAs had already left anyway. Since Mednax was going under anyways it’s hard to draw concrete conclusions from it to apply to other situations.
           
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          IMGASMD

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            The AMC (Mednax) ultimately released providers from the non-compete in the Twin Cities but only if they stayed on with the group that took over and only as part of a negotiation that essentially let the MEDNAX abandon all the other sites they had in the city as well. They did this so late in the process that many of the physicians and CRNAs had already left anyway. Since Mednax was going under anyways it’s hard to draw concrete conclusions from it to apply to other situations.

            What happened in Twin City? How long ago was this?
             

            aneftp

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              I’ve never understood the legality of non compete radius with pure anesthesia (non pain related practices). I understand non compete clauses not to take over own hospital we one works at for x company. I get that.

              But since anesthesiologists and crnas do not bring their own patients. And are dependent on surgeons to bring cases. What exactly are anesthesia peeps competing against?

              We are not bringing patients in. The non compete are bogus especially one that is broad and encompass the whole county (usually 20-30 mile radius). Courts have struck those down multiple times in various states. People have a right to seek employment elsewhere and not be forced to move.
               
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              IMGASMD

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                I’ve never understood the legality of non compete radius with pure anesthesia (non pain related practices). I understand non compete clauses not to take over own hospital we one works at for x company. I get that.

                But since anesthesiologists and crnas do not bring their own patients. And are dependent on surgeons to bring cases. What exactly are anesthesia peeps competing against?

                We are not bringing patients in. The non compete are bogus especially one that is broad and encompass the whole county (usually 20-30 mile radius). Courts have struck those down multiple times in various states. People have a right to seek employment elsewhere and not be forced to move.

                From all that has explained to me. They just don’t care. They have a legal team on retainer, or in house counsel. They can afford to tie you up for months, years while you’re fighting. During that time they can garnish your wage, they can force you not working. What do they have to lose? If you have emergency fund for a year, sure. Most people starting off, probably don’t.

                And like some people kept saying, this is the business model. Enough money to sue you or last longer than you. Game of chicken if you will.
                 
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                DirtDocMD

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                  I’ve never understood the legality of non compete radius with pure anesthesia (non pain related practices). I understand non compete clauses not to take over own hospital we one works at for x company. I get that.

                  But since anesthesiologists and crnas do not bring their own patients. And are dependent on surgeons to bring cases. What exactly are anesthesia peeps competing against?

                  We are not bringing patients in. The non compete are bogus especially one that is broad and encompass the whole county (usually 20-30 mile radius). Courts have struck those down multiple times in various states. People have a right to seek employment elsewhere and not be forced to move.

                  Hey, don’t sweat it (non-competes)!! I’m sure the ASA is working on it, just like they have with AMC’s and CRNA’s...
                   
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