QUESTION

What defenses does a physician have if the recruitment agreement is breached?

SHORT ANSWER
A physician might have certain defenses such as material breach by the hospital.
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A physician recruitment agreement is a contract, and thus, a physician could raise certain contract defenses depending on the circumstances of the case. These could include, among others, lack of consideration, material breach by the hospital, mistake, fraud, or that the challenged provision violates public policy. Physicians faced with breach of recruitment agreements occasionally raise counterclaims if appropriate, including tortious interference and fraud claims.

ASG Law can advise you with respect to physician-facility or physician-practice group agreements.