Confidentiality Covenant - Physician Contract Glossary

Confidentiality Covenant

Definition

A clause requiring you to keep employer information private both during and after your employment.

Examples in Context

“The physician agrees not to disclose patient lists, billing practices, proprietary protocols, or internal policies after termination.”

“The physician shall maintain the confidentiality of all employer-related business strategies, financial records, and personnel information for a period of two years post-termination.”

“The physician is prohibited from disclosing any confidential patient information except as required by law.”

Implications for Physicians

• Restricts your ability to discuss internal practice procedures with future employers.
• May prevent you from accessing patient records needed for malpractice defense if not clearly addressed.
• Could limit your ability to develop similar practice strategies in a new role.

Negotiation Tips

• Request a clear definition of what constitutes “confidential information.”
• Ensure exceptions for sharing publicly available information or general medical practices.
• Ask for the ability to access patient records for malpractice defense, audits, or regulatory investigations.
• Request that the confidentiality period be limited to one or two years post-termination.

Red Flags and Pitfalls

• Vague language may unintentionally limit common medical discussions with colleagues.
• Employers may attempt to apply confidentiality clauses indefinitely.
• Some clauses may claim ownership over your personal research or academic publications.

Related Terms

• Non-Disclosure of Confidential Information
• Restricted Activities
• Ownership of Medical Records
• Inventions and Intellectual Property

FAQs

• “Can a confidentiality covenant last indefinitely?”
  • Yes, unless your contract specifies an end date. Request a clear time limit for confidentiality obligations, ideally 1-2 years post-employment.
• “Can I discuss general medical practices with new colleagues?”
  • Yes, unless your contract unreasonably restricts industry-standard discussions. Clarify that general medical knowledge is excluded from the covenant.
• “Can my employer prevent me from accessing old patient records?”
  • Not legally. Request language that guarantees access for malpractice defense or regulatory investigations.

Legal Disclaimer

The information provided in this glossary is for educational and informational purposes only and should not be construed as legal advice. While we strive to provide accurate and up-to-date information, this content is intended to help physicians better understand common contract terms and does not replace professional legal guidance.

For personalized advice regarding your employment contract or other legal concerns, we strongly recommend consulting with a qualified attorney who specializes in physician employment contracts.

You can find experienced legal professionals through our Physician Contract Lawyer Directory.