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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
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Experience:  25 years practicing law
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indemnify and hold harmeless What does it mean I am a physician

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"indemnify and hold harmeless":What does it mean?I am a physician involved in independent contractor work in several areas,including 1)performing life insurance physicals 2)Doing locum tenens work through agencies 3)and signing Medical Insurance provider contracts.Said clause is coming up in most of these contracts.The following example is from a locum tenens agency contract verbatim(Agency renamed "AGENCY X".):"INDEMNIFICATION: AS AN INDEPENDENT CONTRACTOR, PROVIDER IS RESPONSIBLE FOR HIS/HER OWN MEDICAL DECISIONS AND ACTIONS AND HEREBY INDEMNIFIES AGENCY X, AND SHALL HOLD AGENCY X HARMLESS FROM ANY LOSSES, DAMAGES, LIABILITIES AND EXPENSES ("CLAIMS") NOT COVERED BY THE MALPRACTICE INSURANCE REFERRED TO IN SECTION 1.05 HEREOF THAT ARE INCURREED BY AGENCY X ARISING OUT OF, IN CONNECTION WITH, OR AS A RESULT OF PROVIDER RENDERING OR FAILING TO RENDER MEDICAL SERVICES DURING THE TERM OF THIS AGREEMENT, INCLUDING CLAIMS THAT AGENCY X'S NEGLIGENCE, IN WHOLE OR IN PART, CAUSED THE LOSS."
Submitted: 6 years ago.
Category: Business Law
Expert:  Dave Kennett replied 6 years ago.

DearCustomer- This means that you are accepting responsibility for your actions as a subcontractor and that if the Agency is sued as a result of something you do you are agreeing to cover any losses they may have as a result. You are basically guaranteeing that you are insured and will cover any losses from any suits arising out of your work.


Dave Kennett

Customer: replied 6 years ago.

So this is a common contractual clause for a physician independent contractor and many physicians sign such contracts as long as they have malpractice insurance and general liability insurance?

Expert:  Dave Kennett replied 6 years ago.

Yes, it is common in many contracts medical or otherwise. It say that if the agency is sued you will indemnify them for any losses that they may incur because of a suit against you. You may want to be certain that signing this contract does not affect your liability insurance so I would contact your carrier to be certain. Whatever answer you get from them get it in writing.



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