Legal Pointers

How do MDs get outmaneuvered by MBAs? the answer is simple...

Posted by Ben Mirza | Apr 09, 2024

The question of how MDs (Medical Doctors) find themselves at a disadvantage compared to MBAs can be answered through a straightforward and unsurprising lens. 

Short Answer: 

They get out maneuvered because of highly competent attorneys hired by the MBAs.  Attorneys that are not only good in law but who also understand the undercurrents of business finance and accounting.  

Here is the Explanation:

On the Medical Professional Side:  Medical doctors dedicate themselves to patient care with genuine compassion, upholding a deep-seated commitment to the welfare of humanity. Often, they are the most intellectually gifted individuals in any business setting, tasked with upholding the highest ethical standards and contributing to societal good. Plus the Medical doctors are highly fragmented, and they don't join coalitions that can make the profession stronger. They generally have a belief that they have done the hard work, their commitments are sincere, and so why do they need to volunteer any more time than they already have.  This preconceived notion is a big part of the physician mindset, and it is misplaced.  Physicians should form coalitions, join professional associations, volunteer their time, and get the legal acumen they need. 

On the Business Professional Side:  While business professionals also share a commitment to improving human conditions, they recognize that achieving such goals is contingent upon maintaining financial viability and profitability. This understanding drives their approach to navigating the healthcare sector, garnering the right legal guidance they will need.  The shift towards the corporatization of healthcare illustrates a significant change in the industry's landscape. Where physicians once held predominant control over medical practices, business entities, led by MBAs, have begun to assert greater influence. The business professionals do this by forming groups and coalitions, lobbying, volunteering their time and getting themselves smart legal help. Something the physicians generally resist doing and almost allergic to.  

The Corporatization of Medicine can primarily be attributed to the strategic legal planning and execution by MBAs. By engaging legal expertise to draft, negotiate, and enforce contracts, business professionals ensure that agreements are meticulously structured and legally binding. Consequently, MBAs manage to secure a more substantial foothold in the healthcare industry by leveraging legal frameworks to their advantage, effectively outpacing physicians in the administrative and operational domains.

The evolving landscape of the healthcare industry underscores the critical importance of having legal counsel with a comprehensive understanding of healthcare, business, accounting and finance knowledge. This multifaceted expertise is invaluable for several reasons:

1. **Complex Regulatory Environment**: Healthcare is governed by a complex web of laws and regulations. An attorney with a healthcare background is adept at navigating these regulations, ensuring compliance and protecting the interests of medical professionals and institutions.

2. **Financial Acumen**: A attorney with a true business background has the financial literacy necessary to understand and manage the economic aspects of healthcare practice. This includes understanding key ways to get in and out of contracts when things don't go as planned (which they rarely do). .

3. **Strategic Business Planning**: The integration of business acumen allows attorneys to advise on strategic planning, operational efficiency, and business growth. They can provide guidance on mergers, acquisitions, partnerships, and other strategic moves in the healthcare sector.

4. **Risk Management**: An attorney with a comprehensive background can effectively identify potential legal and financial risks, offering preventative advice and strategies to mitigate these risks. This is vital in safeguarding the interests and assets of healthcare practitioners and organizations.

5. **Contract Expertise**: With the increasing corporatization of healthcare, the ability to negotiate, draft, and review contracts becomes paramount. An attorney skilled in business and healthcare law can ensure that contracts are fair, compliant, and align with the client's best interests.

In conclusion, the healthcare industry's transition towards corporatization demands a new approach and mindset.  Lawyers with this multidisciplinary approach are not just advisors but strategic partners, ensuring that healthcare professionals can navigate the intricate interplay between delivering patient care and managing a financially sustainable practice in a rapidly evolving industry. A lawyer having a background in political science, English or psychology is not enough; you will need a lawyer with the right relevant background.

In my practice, I provide the blend of legal, business, and healthcare knowledge to the best of my abilities to navigate this complex landscape. If you ever have a question email [email protected] or call me at 954-634-2370 and put our team to work for you.

My name is Ben Assad Mirza.

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