Practices and hospitals, their physicians, and their noncompetes: breaking up should be hard to do.
The availability of specialty healthcare has become an issue of increasing importance. Practices and hospitals must be encouraged to assume the risk and responsibilities of expanding their fields of care. For their part, courts must give heavier weight to that aspect of the public interest in determining how their decision impacts access to specialty healthcare. In short, courts deciding the enforceability of noncompetition agreements must be willing to do something more than count doctors.
Mustokoff
Michael M
MM
Duane Morris, LLP, United Plaza, 30 South 17th Street, Philadelphia, PA 19103, USA. mmustokoff@duanemorris.com
Leadbetter
Amanda M
AM
D032982:Contracts / Q000331:legislation & jurisprudence*; D004465:Economic Competition / Q000331:legislation & jurisprudence*; D018578:Hospital-Physician Relations; D006801:Humans; D007325:Institutional Practice / Q000331:legislation & jurisprudence*; D011216:Practice Management, Medical / Q000331:legislation & jurisprudence*; D014481:United States