Factsheets | Doctors & Dentists | Medical Practitioners

Partnership Agreement

Partners for Life?

GPs´ partnerships are governed by the Partnership Act 1890 to the extent that its provisions have not been displaced by a specific agreement entered into by the partners.

Is your agreement enforceable? Have all the partners signed it?

Most practices will already have a written agreement. But all too frequently it is out of date or potentially inoperative, having not been signed by all the current doctors of the practice. While it is true that the terms of a partnership can arise by conduct, that is a dangerous basis on which to proceed because those '‘terms’ may be open to different interpretations. It can also be out of sync with the GMS Contract.

How should you admit new partners:

Salaried?
Equity - should they have an immediate share in the premises?
Trial period - how long?

A quick review and report on your current partnership arrangements can be an extremely cost-effective way of knowing where you stand.

General Medical Council

Compliance: how well do you understand the issues?

We can advise on the interpretation of the Good Medical Practice 2006 code.

There are situations where a doctor´s compliance may be called into question by patients. Mere reliance on your medical protection policy is akin to bolting the door after the horse has already bolted. You can protect yourself before a course of action is embarked on by taking legal advice. Although this may not be a complete defence, it may well mitigate a later problem.

It may also assist in a dispute where a doctor's conduct has been questioned by other doctors.

General Medical Services Contract

Is my contract safe? Does it safeguard my interests?

The GMS contract and its revisions need to be taken into account in the drafting of the partnership agreement.

As the dynamics of practice continue to change in response to government initiatives, so the requirements of GP practices also change:

How will your practice be affected by the move away from historical funding
What would the impact be if or when MPIG is abolished?
Can the difference be made up by increasing enhanced services and other income streams for your practice?
Should you restructure your partnership because of the changes on the way?

We can help you think through these issues and how they may impact the way you organise your practice.

Quality and Outcomes Framework

What about my QOF payments? 72 points lost for 2009/10 - what next?

QOF payments have enhanced the incomes of GPs considerably since 2004. But regular variations of the indicators by the Department of Health can become a source of friction within a partnership as points are shaved off. Achieving the 1,000 maximum QOF point requires nimbleness on the part of GPs in being able to adjust the services they offer. Suspicions that there is a further agenda on the part of the government besides the production of evidenced based targets, has led to doctors being apprehensive that the drivers for such changes may not always be entirely medical.

Outgoing doctors can be vulnerable where QOF payments are due after they have left a practice. Likewise, for those who continue in that practice, differences of opinion as to how to maximise QOF points and who should contribute what, can result in frictions.

Specialist legal advice can help to resolve problem areas before they become disputes.

Premises

Who owns your premises?

Should the practice premises be owned by all the doctors or just some?
Should all equity partners be obliged to buy into the premises? On what basis?
What happens if a doctor retires and just misses out on development value? Will that persuade your partners never to leave?
Should you accept that offer from a developer on a turnkey arrangement under which he will provide you with new premises which looks so attractive?
Getting the wrong answers to these crucial questions can be extremely costly, not only to the practice, but to GPs personally.

A discussion with us will help you make the right decisions.

Disputes

Red flags vs. grey areas

No one likes disputes but sometimes they are unavoidable. It is important to know the strengths and weaknesses of your case before the parties take up entrenched positions. It can make the difference between a relatively painless settlement on good terms in a speedy timeframe and a drawn out dispute with an uncertain end result. Legal costs can vary hugely if a situation is allowed to get out of hand.

There are also tactical mistakes which you must not make if you are to get the best deal.

We have experience in acting for those staying and those leaving. But it's not just the legals we know. We will also liaise with the PCT concerned and endeavour to get an early solution to the problem.

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