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Is This a Contractable Service?

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thebee7777

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?Ohio
I'm an RN with an expertise in back pain. I found a pain management physician who has developed a revolutionary procedure that takes 30 mins and has no recovery time and permanently "fixes" the cause of low back pain. This procedure hasn't presently been shared with the medical community at large, is not being patented and this Dr. is the only one who does it. I have a friend who had severe low back pain and was one of this Doctor's AMA approved trials. I was allowed to scrub for the procedure and got to see this miracle performed. Because my friend was grateful and comes into contact with many people in the same condition, he has referred them to me and I in turn have shepherded them to this Dr. and through this new procedure. The Dr. who developed this procedure has had financial trouble in the past and has totally destroyed his ability to get credit. The procedure requires hundreds of thousands of dollars of surgical equipment, a practice office, and staff. He has found another Dr. who has a clinic and was willing to bankroll him, set up a practice within his clinic, equip a procedure room and pay his paycheck and his staff's. I wanted to go to work for this Dr. in a practice building capacity since I'm basically doing this for free, presently. I told him I could bring in enough referrals to have this Dr. so busy as to be doing procedures everyday all day. He is presently only doing procedures one day a week, with an estimated six to eight months before the practice really takes off. When I asked the Dr., who's bankrolling the whole thing, for a job he replied that he was pretty much at the end of his budget. He seemed happy to let me continue to bring in the patients for free and would make me no promises of putting me on the payroll if I built the business-I don't know if he didn't believe I could deliver or what. All that to ask this question: Can I propose an option to this Dr. of working as an independent contractor and in return for each referral take a percentage of each procedure? I am doing an independent research study that brings me into contact with all the back pain specialists in town. If I should happen to tell the Dr.s that I talk to about this "new procedure" and this Dr. that performs it, the referrals will be abundant. How do I structure this into a contract or business agreement, if it's a viable idea?
Thanks, Deb
 


Certainly..

You can indeed operate as an independent contractor working "for" a doctor or medical facility. There are doctors and nurses that do this all the time.

The only problems I see are in the areas of liability and/or malpractice. You should discuss this whole idea with a lawyer familiar with such things. In today's "sue everybody" environment, I can forsee a time when you recommend someone to this proceed...something goes wrong, whether real or imaginary...and you get dragged into the suit. Its possible that the practice would cover you, but you need to be certain...
 

thebee7777

Junior Member
contractable service?

Ohio
Well, that's terrific news. Now, I need to know how to write a contract covering all loopholes so that I get credit for the patients any practice I talk to sends for this procedure. Any suggestions, advice, guidance would be greatly appreciated. Thanks, Deb
 
Well...

Like I said, I think I'd suggest you talk this all over with a lawyer. You've really got two problems...a contract with the doctor(s)...and a "don't blame me if it doesn't work" kind of thing with any patients you recommend.

Your best bet would probably be as an "Independent Marketing Staff" kind of arrangement with the doctor(s) whereby they assume a liability and agree to defend you and hold you harmless from any suits. For something ironclad enough to protect, I'd suggest real legal advice.
 

stevek3

Member
thebee7777 said:
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?Ohio
I'm an RN with an expertise in back pain. I found a pain management physician who has developed a revolutionary procedure that takes 30 mins and has no recovery time and permanently "fixes" the cause of low back pain. This procedure hasn't presently been shared with the medical community at large, is not being patented and this Dr. is the only one who does it. I have a friend who had severe low back pain and was one of this Doctor's AMA approved trials. I was allowed to scrub for the procedure and got to see this miracle performed. Because my friend was grateful and comes into contact with many people in the same condition, he has referred them to me and I in turn have shepherded them to this Dr. and through this new procedure. The Dr. who developed this procedure has had financial trouble in the past and has totally destroyed his ability to get credit. The procedure requires hundreds of thousands of dollars of surgical equipment, a practice office, and staff. He has found another Dr. who has a clinic and was willing to bankroll him, set up a practice within his clinic, equip a procedure room and pay his paycheck and his staff's. I wanted to go to work for this Dr. in a practice building capacity since I'm basically doing this for free, presently. I told him I could bring in enough referrals to have this Dr. so busy as to be doing procedures everyday all day. He is presently only doing procedures one day a week, with an estimated six to eight months before the practice really takes off. When I asked the Dr., who's bankrolling the whole thing, for a job he replied that he was pretty much at the end of his budget. He seemed happy to let me continue to bring in the patients for free and would make me no promises of putting me on the payroll if I built the business-I don't know if he didn't believe I could deliver or what. All that to ask this question: Can I propose an option to this Dr. of working as an independent contractor and in return for each referral take a percentage of each procedure? I am doing an independent research study that brings me into contact with all the back pain specialists in town. If I should happen to tell the Dr.s that I talk to about this "new procedure" and this Dr. that performs it, the referrals will be abundant. How do I structure this into a contract or business agreement, if it's a viable idea?
Thanks, Deb

I went to that guy. His voodoo chants were cool. "WOO-HOO-WOO-HOO-WOO-HOO-CHUGGA-CHUGGA-YUG-YUG-WOO-HOO." My back still hurt like crazy, but I'd never heard the dogs in my neighborhood get so excited.
 

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