Essential Agreements for Medical Practices

Marizanne Augoustinos, a seasoned legal advisor and former practicing advocate with expertise in medical contracts, shares her expertise on the essential agreements that medical practices should have in place. A well-run medical practice is not just about medical excellence but also about building a solid legal foundation.

Essential Agreements for Medical Practices

A medical practice typically needs the following agreements in place:

• Employment Agreements: These outline the terms and conditions of employment for staff members, including provisions for leave, working hours, and roles and responsibilities.

  
  

• Independent Contractor Agreements: These agreements define the relationship between the medical practice and the independent medical practitioner contracted to the medical practice. They establish the scope of work, legal status, payment terms, control and autonomy, professional responsibilities and use of facilities inter alia.

  
  

• Memorandum of Incorporation (MOI): This document outlines the rules and procedures governing the company's activities and relationships. It is essential for companies registered with the Companies and Intellectual Property Commission (CIPC).

  
  

• Shareholder Agreements: Particularly important for practices with multiple shareholders, this agreement outlines the rights, responsibilities, and obligations of each shareholder. It may cover matters such as share transfers and decision-making processes.

  
  

• Locum Agreements: These agreements define the terms under which temporary practitioners (locums) may be contracted to fill in for regular staff. They stipulate the duration of the contract and other relevant terms.

  
  

• Lease Agreements: Essential for medical practices renting office space, these agreements detail the terms of the lease, including rent, maintenance responsibilities, service terms, and dispute resolution processes.

Having these agreements in place helps to establish a clear legal framework for the medical practice's operations and can help prevent misunderstandings or disputes in the future. It is advisable to consult with legal professionals to ensure that these agreements are tailored to the specific needs of the medical practice.

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