Gp Partnership Disputes

When dealing with a GP partnership dispute the first aim is to try to resolve the dispute without extensive legal action

. A dispute between colleagues is stressful and sometimes legal action can irrevocably damage the business relationship. Therefore it is best to resolve the matter out of the courtroom. However it may be the unfortunate case that something serious has happened and legal action is the only option, or it may be that both parties are stubbornly standing their ground and the only way out of the stalemate is a legal decision. In this kind of situation it is possible that decisive legal action will mean the dispute is solved and the relationship saved.

It may be that your partnership dispute has occurred due to joint liability, in a partnership all partners in the practice are responsible for each other's errors, be they medical or financial. Perhaps you are in a position where you feel that your partner's errors are harming your business beyond repair, or your own reputation through no fault of your own. In this situation it may be in your best interest to dissolve the partnership.

Flexible hours will not necessarily be possible in a GP partnership, however you may have negotiated some very specific terms and conditions when drawing up your initial contracts which you now feel are not being properly adhered to. In this case the conflict may be able to be resolved by re drafting the contracts in a format which pleases all parties. It may be a good idea to get an impartial third party on board to help with this.

A GP partnership dispute may occur due to issues with the way the proportion of workload is split according to profit share, this can be a sticky situation as in some case the workload may have risen due to unforeseeable circumstances and in some situations regardless of profit share the partner may be liable to take on extra work to ensure patients are looked after properly.

Partnership disputes only really occur in private practices as under the NHS there is an internal grievance procedure. However you may still need a solicitor if you are in the throes of a dispute within an NHS practice, this will depend on your personal judgement as to whether the NHS themselves will be able to resolve the dispute internally.

Remember in terms of grievances filed against you or your partners, in many cases you will be held jointly responsible in the eyes of the law, depending on the grievance.

by: Nicholas Jervis

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