東華大學圖書館 |

語系: 繁體中文

說明(常見問題)

回圖書館首頁

手機版館藏查詢

登入

回首頁

切換: 標籤 | MARC模式 | ISBD

A Bitter Pill to Swallow: The Negati...

Leichter, Paola J.

FindBook

Google Book

Amazon

博客來

A Bitter Pill to Swallow: The Negative Impact of Non-Compete Clauses in Physician Employment Contracts.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	A Bitter Pill to Swallow: The Negative Impact of Non-Compete Clauses in Physician Employment Contracts./
作者:	Leichter, Paola J.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, : 2015,
面頁冊數:	69 p.
附註:	Source: Masters Abstracts International, Volume: 54-06.
Contained By:	Masters Abstracts International54-06(E).
標題:	Law. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=1596166
ISBN:	9781321960624

A Bitter Pill to Swallow: The Negative Impact of Non-Compete Clauses in Physician Employment Contracts.
Leichter, Paola J.

A Bitter Pill to Swallow: The Negative Impact of Non-Compete Clauses in Physician Employment Contracts. - Ann Arbor : ProQuest Dissertations & Theses, 2015 - 69 p.

Source: Masters Abstracts International, Volume: 54-06.

Thesis (LL.M.)--The George Washington University, 2015.

In today's modern world of medicine, most, if not all, physician employment contracts contain non-compete clauses. Non-competes, also known as restrictive covenants, essentially function as restraints on trade. Non-competes act as a restraint in the medical arena by preventing physicians from taking patients with them when physicians begin new employment or, alternatively, depart on a self-employment basis. They also restrain physicians from competitively practicing medicine in a predetermined geographic area for a specified period of time.

ISBN: 9781321960624Subjects--Topical Terms:

600858
Law.

A Bitter Pill to Swallow: The Negative Impact of Non-Compete Clauses in Physician Employment Contracts.
LDR:03620nmm a2200349 4500 001 2121783
005 20170811100941.5
008 180830s2015 ||||||||||||||||| ||eng d
020 $a 9781321960624
035 $a (MiAaPQ)AAI1596166
035 $a AAI1596166
040 $a MiAaPQ $c MiAaPQ
100 1 $a Leichter, Paola J. $3 3283718
245 1 2 $a A Bitter Pill to Swallow: The Negative Impact of Non-Compete Clauses in Physician Employment Contracts.
260 1 $a Ann Arbor : $b ProQuest Dissertations & Theses, $c 2015
300 $a 69 p.
500 $a Source: Masters Abstracts International, Volume: 54-06.
500 $a Adviser: Sara Rosenbaum.
502 $a Thesis (LL.M.)--The George Washington University, 2015.
520 $a In today's modern world of medicine, most, if not all, physician employment contracts contain non-compete clauses. Non-competes, also known as restrictive covenants, essentially function as restraints on trade. Non-competes act as a restraint in the medical arena by preventing physicians from taking patients with them when physicians begin new employment or, alternatively, depart on a self-employment basis. They also restrain physicians from competitively practicing medicine in a predetermined geographic area for a specified period of time.
520 $a Restraints on trade have a long noteworthy history. One case that emphasized the importance of having checks and balances on such restraints is Lochner v. New York. While not relating to the practice of medicine and non-compete provisions, Lochner is nonetheless an important case to the analysis of non-compete provisions in physician employment contracts. Lochner is necessary to the discussion of non-competes because it emphasizes how the history of restrictions on restraints on trade have changed so that now private parties, and not just the government, are allowed to implement restrictions. Additionally, these restrictions vary depending on the profession and where professionals practice.
520 $a Non-compete provisions are found in contracts created by both small private medical practices, as well as bigger entities, such as hospitals and managed care organizations. Therefore, this is not an issue limited to the size of the practice. The physician-patient relationship has gradually become more and more of an impersonal one due to managed care organizations and legislation such as the Affordable Care Act (ACA). This does not, however, mean that physicians and patients approve of this interference and push towards an impersonal relationship. Thus, if patients are unhappy with the resulting impersonal relationship from managed care plans and legislation, patients may suffer further from these non-compete clauses interfering with the patients' utilization of physician services.
520 $a These clauses hurt not only the physicians trying to practice, but also have the capacity to conflict with patient choice in regard to selecting the physician they want for treatment purposes. More importantly, such non-competes negatively interfere with the continuity of patient care. It is for these aforementioned reasons that it would behoove the American Medical Association (AMA) to model its non-compete guidelines after those found in the American Bar Association (ABA), which strictly limit the use of such non-compete provisions in attorney employment contracts.
590 $a School code: 0075.
650 4 $a Law. $3 600858
650 4 $a Medicine. $3 641104
650 4 $a Public health. $3 534748
650 4 $a Health care management. $3 2122906
690 $a 0398
690 $a 0564
690 $a 0573
690 $a 0769
710 2 $a The George Washington University. $b Law. $3 1683042
773 0 $t Masters Abstracts International $g 54-06(E).
790 $a 0075
791 $a LL.M.
792 $a 2015
793 $a English
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=1596166