Breach of Contract Lawyer in California
Healthcare Contracts Are the Foundation of Your Practice
Contracts are essential for healthcare practices to operate effectively, providing a legal framework for relationships with patients, employees, vendors, and other providers. Whether you're drafting a contract for a new associate, negotiating with a medical equipment supplier, or entering into a practice sale agreement, having clear and enforceable contracts is critical to protecting your interests and ensuring compliance with healthcare regulations.
At West Coast Health Law, our experienced attorneys specialize in healthcare contracts. From analyzing and drafting agreements to resolving disputes, we're here to safeguard your practice's legal needs. Contact us today at (619) 996-0460 to schedule a Free 15 minute consultation.
Understanding Breaches of Healthcare Contracts:
A healthcare contract is a legally binding agreement between parties, such as physicians, dental specialists, or healthcare entities, outlining their respective rights and obligations. These contracts may cover:
- Provider agreements with insurance networks
- Employment contracts for associates, hygienists, or staff
- Partnership agreements for group practices
- Equipment or facility lease agreements
- Vendor contracts for medical supplies or pharmaceuticals
- Practice sale or acquisition agreements
If one party fails to fulfill its obligations, it may result in a breach of contract, leading to disputes that can disrupt your practice. Addressing these issues promptly is vital to minimizing operational and financial impacts.
Types of Healthcare Contract Breaches:
Material vs Minor Breach
Material breaches significantly disrupts the agreement, such as a vendor failing to deliver critical medical supplies or software outages that shut down your practice.
Minor breaches might involve less critical issues, like delayed delivery of non-essential items.
Actual vs Anticipatory Breach
Actual breaches occur when a party fails to fulfill their obligation, such as an associate violating non-compete terms.
Anticipatory breaches happen when one party signals they will not meet their contractual obligations, such as early withdrawal from a service agreement.
Remedies in Breach of Healthcare Contracts in California:
Remedies exist to resolve contract breaches. What those remedies might be will depend on the facts and circumstances. More than one remedy may apply in your unique cases. Potential remedies for a breach of contract include but are not necessarily limited to:
- Compensatory damages, which are the most common type of remedy for breach of contract, covering the actual loss caused to the non-breaching party – these damages can be viewed in terms of (1) expectation damages where the non-breaching party recovers monetary damages based on the contract itself or the market value; and (2) consequential damages where the non-breaching party recovers indirect damages for reasonably foreseeable harm resulting from the breach
- Punitive damages are the least common type of remedy for breach of contract but when awarded, are meant to punish the breaching party who acted fraudulently, maliciously, or willfully when breaching the contract and to prevent the same type of breaches in the future
- Specific performance, which is the result of a court order requiring a defendant to perform an obligation under the contract
- An injunction, which is a court order requiring a defendant not to do something, either temporarily or permanently
- Rescission, which occurs when the court cancels the parties' obligations under the contract so that, theoretically at least, they are in the same position as before the contract was made
- Restitution, which is a court order requiring the defendant to pay the plaintiff the amount agreed to in the contract – often involving the return of money or property
Again, the remedies available in your case depend on the jurisdiction, type of breach, specific terms of the contract, and circumstances in which the contract was made.
Common Defenses in Healthcare Contract Disputes
It is important to know the possible defenses a business or consumer may have when they breach a contract. If you are the party to breach the contract, make sure to speak with an attorney about how any one of these or other defenses may apply in your case.
If you are the non-breaching party, knowing these defenses can help you understand how the other party may argue their case. This knowledge will provide insight on how to move forward to uphold the terms and conditions of the contract or to come to another resolution, even if that means litigation.
Defenses available to a party accused of breaching a contract include but are not limited to:
- Fraud, where the plaintiff intentionally misrepresented material facts about the contract, making it fraudulent and therefore invalid
- Invalid contract, where the contract does not meet the criteria of a valid contract
- Duress, where the breaching party was forced to enter into the contract against their will
- Incapacity, where the breaching party did not have the necessary capacity to enter into the contract in the first place – for example, because they were a minor at the time
- Unclean hands, where both parties are at fault for the breach of contract
- Mutual mistake, where the contract contains a mistake, different from what both parties intended
- Illegality, where the contract was an agreement to do something illegal – for example, commit a murder
Regardless of whether you are the breaching or non-breaching party, you should speak to a healthcare lawyer to see what defenses may apply or how those defenses may be used in your situation. A healthcare lawyer in California will assess the facts and circumstances and plan a strategy accordingly.
Contact a Healthcare Contracts Attorney Today:
At West Coast Health Law, our contracts attorney will help you determine whether you have a breach of contract case. If you do, we will outline a strategy and consider all the possible remedies available.
We know the laws, filing procedures, and deadlines in California breach of contract cases. We will find a resolution to your contract dispute today. All you need to do is fill out the online form or call us at (619) 996-0460 to schedule a Free 15 minute consultation.