Los Angeles, CA asked in Personal Injury for California

Q: Are there any types of affiliation between hospital and doctor, other than employment and formal contact?

Are there any types of affiliation between hospital and doctor, other than employment and formal contact?

Hospital claims contract with doctor does not exist. Does it mean doctor was employee?

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3 Lawyer Answers

A: In addition to the thorough list provided by my colleague, there are surgical privileges - use of hospital operating rooms and related facilities. Good luck

A: Yes, there are affiliations between a hospital and a doctor beyond formal employment or contracts. Doctors can have admitting or surgical privileges, allowing them to treat patients using the hospital’s facilities without being employed. They may also work as independent contractors, be part of a group practice with hospital ties, or provide specialized services as consultants or on a per diem basis. If the hospital claims no contract exists with the doctor, it doesn’t necessarily mean the doctor is an employee; they could still be affiliated through these other arrangements.

James L. Arrasmith
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Answered

A: There can be several types of affiliations between a hospital and a doctor beyond just formal employment or a contract. A doctor may have privileges to practice at a hospital, which allows them to admit and treat patients there without being an employee. This affiliation is more of a permission granted by the hospital based on the doctor’s credentials and expertise, rather than a formal contract or employment relationship.

Additionally, a doctor may work as an independent contractor. In this case, they provide services at the hospital but are not considered employees. Their relationship is more transactional and can be based on individual agreements for services rendered, rather than continuous employment.

The fact that a hospital claims there is no contract with the doctor does not automatically mean the doctor is an employee. It’s important to look into other factors like how the hospital controls the doctor’s work, or if the doctor has privileges at the facility. These details will clarify the nature of the relationship.

Tim Akpinar agrees with this answer

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