Orthotown November 2022 - 16

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Paracas
Member Since: 09/20/19
Post: 4 of 11
dhmjdds
Member Since: 11/16/04
Post: 5 of 11
Thank you both very much! ■
Paracas, is there an amount of compensation that would entice you to stay? Or are you
9/24/2022
D-U-N done?
If the former, then that's the amount you require to continue to work for them past your
notice date. If they won't pay you that, you need to leave and not look back after the 90 days are
up. I assume that your boss(es) own the patients, and are therefore responsible to provide their
care if you leave. I recommend you give notice as soon as possible.
Does anyone see a downside to giving notice but also stating that you will stay if the compensation
is raised to the appropriate amount? I've never worked corporate, so I'm not completely
clear on how it works. ■
9/26/2022
charlestonbraces
Member Since: 06/05/09
Post: 6 of 11
Diane, there is no harm in doing both (notice plus willingness to work). He is merely
terminating a contract. He or anyone is free to work there per diem (or locums).
I will caution against what you say above that. While his boss may own the charts, it is
unlikely he is an orthodontist; therefore, walking away on the 90th day will certainly expose the
orthodontist to claims of abandonment with the state board (and also civil liability). If it were
me, I would send certifi ed letters on the 60th day, terminating the doctor-patient relationship,
and giving patients 30 days for emergencies or removals. Better would be to do it on the 90th
day, but be prepared to go into the offi ce unpaid. Better yet would be to go to an attorney for
advice instead of getting it from a tooth pusher like me. ■
9/27/2022
ljerrold
Member Since: 09/02/10
Post: 7 of 11
The fi rst thing we have to know is your employment status: Are you an employee or an
independent contractor? This is a huge distinction.
From your description, it sounds like you are an employee. As such, the patients are not yours.
Well, if truth be told, patients are never anybody's. Even solo practitioners who own their own
offi ces don't own patients; we own the patient's records, although they have an unfettered right
to the information contained therein. This is why you are obligated to provide them with copies
of their records upon request.
As an employee, it is not your responsibility to provide substitute coverage upon your
departure. It is the practice's/offi ce's/doctor's responsibility to provide continued coverage for
its/his/her patients.
What you cannot and should not do is interfere with that obligation. This is the reason for
the 90-day out clause. This provides the owner, corporate or individual with suffi cient time
to obtain substituted care for the patients of record. Leaving without suffi cient notice would
negatively affect the practice owner's ability to provide substituted care in a timely manner and
could negatively impact a patient's continuity of treatment.
However, you do have a doctor-patient relationship in effect with these patients. Because of
that, you have both an ethical and legal obligation to let them know, in advance, that as of X, Y
or Z date you will be leaving the practice.
Now for the squirmy part: Do you tell them where you're going? If you're leaving for greener
pastures in a distant locale, or outside of your restrictive covenant's area of designation, I see no
issue in telling patients where you'll be, although there is no requirement to do this.
But if you plan on remaining local, and you are legally/contractually able to do so, you might
still be able to tell patients where you'll be located-but I would make sure you don't cross the
16 NOVEMBER 2022 // orthotown.com

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