San Diego, CA 92101
Tel: 619-702-5300
Fax: 619-702-4666
pmirowski@mirlaw.com
www.mirlaw.com
MEDICAL LAW
Medical Doctors, Physicians, Medical Technicians, and other Medical Professionals have special needs and require legal representation from attorneys who understand the Medical Profession. Whether it is the formation of a medical corporation or the review of medical contracts, Mirowski & Associates provides legal representation to all facets of the health industry in greater San Diego region including La Jolla, Del Mar, El Cajon, La Mesa and Chula Vista. Mirowski & Associates specialize in negotiating and drafting physician and medical industry contracts, employment agreements, the formation and maintenance of professional medical corporations and other operational needs and legal representation. This page provides references and resources for the medical profession.
The Strategic Planning Association, Inc. (SPA) is an independent California Registered Investment Advisor and its president is David Unger. Mr. Unger has specialized in working with persons in the medical profession. SPA utilizes an Integrated Financial Strategy System to document and evaluate a client’s financial philosophy and to provide members and their dependents with educational, medical, dental, legal and recreational programs, services and benefits designed to achieve their personal strategic life goals. As an associate member, Mirowski & Associates offers a number of special educational programs and discounts as part of the Integrated SPA Benefits Package. To receive details about these programs and discounts, please contact David Unger by email dunger@spassociation.org or at the Strategic Planning Association, Inc., 3089-C Clairemont Dr. #488, San Diego, CA. 92117.
What Mirowski & Associates Does for Spa Doctors
Any good business person needs to be cost-effective. Accordingly, Mirowski & Associates endeavors to make sure that we understand our client’s needs. To do this, we offer:
- Initial Conference Free: Paul Mirowski will meet with all new professional clients at my office for a free initial consultation of up to an hour. We want to make sure we understand your goals, needs and concerns.
- SPA Discount: As you were referred by SPA, Mirowski & Associates offer a special twenty percent (20%) discount against our standard hourly rate to all medical practitioners.
THE SAN DIEGO HOUSE STAFF ASSOCIATION
The Office of Mirowski & Associates provides legal representation to the San Diego House Staff Association (SDHSA), the PERB (Public Employment Relations Board) certified representative of the UCSD “House Staff.”
SDHSA is a California Nonprofit Mutual Benefit Corporation created in 1973. The San Diego House Staff Association negotiates work benefits with the UCSD Medical Center. The Regents of the University of California recognizes the SDHSA as the exclusive representative for these titles: 2709 Resident Physician I; 2723 Resident Physician II-IX; 2738 Chief Resident Physician.
Why Medical Professionals Incorporate?
It has become traditional for medical practitioners to create “professional” (medical) corporations for a number of reasons including:
- To limit the medical practitioner’s liability for business claims and for malpractice claims against other professionals associated with their practice (although a corporation does not limit one’s liability for personal malpractice).
- To take advantage of certain benefits which in certain cases are deductible from the corporate income.
- To take advantage of Corporate retirement benefits which can be more liberal in certain respects than available individual plans.
- To establish an order and continuity in the business, and;
- To provide additional flexibility in regard to certain income and taxation issues.
Go to Business Section for additional information about Corporations.
Why Are Medical Corporations Different?
Members of certain professions are required to incorporate in California under the California Moscone-Knox Professional Corporation Act. This “Act” requires that the corporation be formed by complying with certain formalities and in some cases also registering with a professional regulatory organization. Please note that contrary to popular misinformation found on the internet, there are severe pitfalls to incorporating in a different state if your practice and income will be earned in California. See The Dangers of Incorporating Out of State in our Business Section for what you need to know about “Foreign” (Non-California) Corporation.
For more information about California Requirements go to the Medical Board of California.
Disadvantages?
The disadvantages to forming a Professional Corporation are the additional costs and paperwork involved in forming and maintaining your corporation. Mirowski & Associates attempts to make the process as painless and affordable as possible and offers programs to help you maintain your already formed corporation in healthy operating order.
The “Standard Contract” Fallacy
Clear, accurate and well-drafted contracts are essential to the proper and trouble-free operation of any business. See "Contracts Primer" under our Business Section. Understanding the terms to which you are agreeing in a contract is central to the idea of a contract. These issues are even more important to a medical professional, whose future practice will often be subject to, and controlled by, the terms of a medical service provider contract offered by a faceless organization. Although you will be told it is a “standard contract,” the phrase is a misnomer. All contracts are "standard" only in the sense that the offering drafting party has deemed it their “standard” contract. Although these contracts may contain a number of standard clauses, all such contracts should be reviewed by an attorney.
Why Have Your Contracts Reviewed?
The essence of a contract review is: (a) To provide the client with an understanding of the terms of the agreement and what they will mean in the future, and (b) To discuss whether these terms are acceptable to the client in view of the clients future plans and needs, and (c) To discuss what options are available. Although it is common sense that large organizations have the greater bargaining power, all contracts are negotiable. Alternatively, as your mother probably taught you, if you do not ask, you will not receive. The bottom line is if you do not understand what you are agreeing to, you will not know what to ask for!
For additional information, please contact us by email or call us at 619-702-5300