I recently was presented with a contract for a position that included an indemnification clause:

"Employee shall indemnify and hold harmless Group, its directors and officers, and its agents and employees, from any and all claims, causes of action, losses, liabilities, costs, and expenses, including attorney fees, related to or arising out of: (i) Employees acts or omissions within the scope of this agreement. (ii) Employees breach of the terms of this agreement."


I hired Contract Diagnostics to review the contract and they stated that this isn't necessarily a red flag because they see it on about 50% of the contracts that they review and that only about 10% of the people who request it to be removed have it successfully removed.

My main concern with this clause is that if I am sued by a patient (whether or not the suit is pursued), I would be held liable for paying for all legal fees and the payout to the patient, despite the employer having me under their malpractice policy and myself holding my own.

The employer has declined to remove it, however, I was wondering if there is a clause that I could add so that I do not indemnify the group for any costs arising out of malpractice claims? Does anyone have experience with these clauses?

Also, this job is practically my dream job that I have been trying to find for years. It checks every box I have and this is the only hangup.