FREE — RED FLAG CONTRACT CHECKLIST
The contract provisions that quietly cost you.
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RED FLAG CHECKLIST · GENERAL SURGERY
The contract provisions
that quietly cost you.
Data. Leverage. Fair pay.
OR block + call burden · specialty-specific
The provisions below are the ones most likely to cost general surgery physicians money, mobility, or leverage. Read each item against your contract and mark whether it is present, missing, or unclear. A single CRITICAL finding warrants careful review before signing.
THE RED FLAGS
5 CRITICAL · 7 HIGH · 3 MODERATE
No guaranteed OR block time
Without contractually guaranteed block time, the employer controls your income by controlling room access — case volume drops without breach. Specify hours per week and protected vs. shared block.
wRVU rate with no named benchmark
A dollar-per-wRVU rate with no reference to 2025 national benchmarks gives the employer full discretion to call any rate market without contractual standard.
Claims-made malpractice, no tail commitment
Silence leaves who pays unresolved. Ask for employer-paid tail in writing for resignation, termination and nonrenewal; confirm the policy terms.
Termination without cause under 90 days
Hospital privileging and payor enrollment run 90–120 days. A 30- or 60-day without-cause window leaves no time to credential, relocate, or replace income.
Compensation model not clearly specified
If salary vs. wRVU vs. collections vs. hybrid is ambiguous, the model can shift at renewal — a guaranteed base silently converting to production-only is the classic pattern.
Call burden uncapped or undefined
Specify number of call days per month, weekend/holiday rotation, in-house vs. home, per-call rate, and trauma activation differential. Uncapped surgical call is one of the largest unpaid-work exposures in the field.
Trauma or unassigned coverage at base rate
Trauma activation, unassigned ED admissions, and transfer center coverage carry higher acuity and liability. Without a differential or per-activation payment, you absorb risk the employer monetizes.
First assistant fees not credited to surgeon
Without a written allocation of first-assistant or co-surgeon fees, those collections flow to the employer. Specify the split or credit in the compensation schedule.
Bonus threshold not tested against your workload
Test the threshold against your credited production, workload and payout period. Model low, expected and high-production payouts before counting the bonus as income.
Non-compete over 15 miles or 2 years
Hospital systems consolidate locally. An aggressive radius can shut you out of an entire metro region for the restriction period — narrow scope and duration before signing.
Unilateral schedule and call rotation rights
Employer-discretion language over OR days, clinic split, and call rotation strips your control over working life and concentrates undesirable assignments on junior surgeons.
No rate escalation clause
Without annual increases tied to inflation or a benchmark percentile, real compensation declines every year you remain. A flat multi-year rate is a multi-year pay cut.
Loan repayment / sign-on clawback with no pro-ration
Full repayment regardless of tenure treats the bonus as a leash rather than compensation. Negotiate pro-rata over 24 months and a waiver on without-cause termination.
Outside referrals or moonlighting blocked
Broad bans on outside surgical work or expert review cap earning potential and remove income diversification. Restrict only true conflicts — same hospital, same patient population.
No notice on hospital or service-line changes
If the hospital can close a service line, change OR allocation, or close a satellite without notice, your contract value can collapse overnight. Require written notice and re-negotiation rights.
For informational purposes only. Does not constitute legal advice.
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