John Shufeldt, MD, JD, MBA, FACEP
In the movie There Will be Blood, character Henry Brands
says, “That part of me is gone...working and not succeeding
—all my failures has [sic] left me....I just don’t... care.”
At the end, after the struggles, “I don’t care” is a common
aphorism of the wanton entrepreneur. Maybe it is uttered during
the futile death throes of the dying business. Or, maybe
after leaving the bank president’s office. I suppose it really
doesn’t matter where it is said; the goal is to never find yourself
in the position where your best retort is, “I just don’t care.”
Here are some common reasons that new businesses
fail, and what you can do to decrease your risk of failure.
1. Wrong business form. There are many different ways
to set up your business: S-Corp., Limited Liability Corporation,
Partnership, C-Corp., and Limited Liability Partnership
to name the most common. Using the wrong business form
probably will not hurt you at the start; however, it may
make your exit strategy more challenging.
Also, if the business entity is sued, the plaintiff may try
to pierce the corporate veil and attempt to sue you personally.
For example, if you chose a C-Corp. and did not ensure
that it was set up properly, your personal assets could be at
risk.
a. Solution: Find a healthcare business attorney who understands
the urgent care space and who can advise you on
what business form to use and how to protect yourself
from individuals attempting to pierce the corporate veil.
2. Undercapitalization. One way that a plaintiff can
pierce the corporate veil is to prove that the business was
undercapitalized at the inception. Also, in all new businesses,
cash is king and starting a business without adequate
cash reserves to get you through the first 18 months is akin
to walking the tightrope without a net, ala Karl Wallenda.
a. Solution: Wait to start the venture until you are adequately
capitalized. I have known a number of physicians
who have squandered their entire savings trying to get to the
break-even patient volume only to run out of cash during the
home stretch.
3. Waning momentum. At the beginning, it will seem like
there are not enough hours in the day to accomplish all that
you need to operationalize the urgent care. It will also seem
like you have an unlimited supply of energy to accomplish
these tasks. However, as time goes on, the energy dissipates
and as B.B. King sang, “The Thrill is Gone.”
a. Solution: Take baby steps every day toward the goal. The
energy needed to take the operation from start-up through
its first year is significant. Remember, it is a marathon and
not a sprint. I have known a number of physicians who
make it through their first year only to run out of emotional
steam before they hit their second anniversary.
4. Losing your vision. Remember the movie Castaway
(“Wilsoooooooon”)? Tom Hanks is stranded on a deserted island
for an unknown period of time. He never truly gave up
all hope and he always did what he needed to do to survive.
Surviving the start-up phase until the clinic hits a break-even
volume is crucial.
a. Solution: Don’t lose sight of the goal. Do what it takes
to win by finding creative directions to ensure the business
can make it through the lean years, even if it’s not pretty or
not what you bargained for. If you have to go work at the
prison doing new inmate cavity checks (I had to do that
once), so be it.
5. Isolationism. No man is an island. A common mistake
many entrepreneurs make is to not enlist help or solicit advice.
The common adage among physicians goes something
like this: “I survived medical school, how hard can this be?”
Business is different than medicine, though, and success in
the latter does not guarantee success in the former. It is a
completely different skill set, and survival by relaying on your
gut is fraught with danger.
a. Solution: Enlist the help of consultants or others who
have tread the same path. Don’t be penny wise and pound
foolish by refusing to pay a consultant in order to save a few
dollars when the advice they give could save you thousands.
Another alternative is to find someone who can support
you as a mentor. Identifying someone who has “been
there and done that” in the business world is extraordinarily
useful.
6. Not hiring help. A mistake I made early-on was to be
so caught up working in the business that I was unable to
work on the business. I could have saved myself thousands
of dollars and years of trial and error if I had hired some talented
people at the outset and been able to spend time on
business strategy, as opposed to operations.
a. Solution: Even if you can only afford someone a few
hours a day (or less) make sure you have time to be strategic.
The return on investment for that small amount of
strategy-time will be huge!
7. Wrong motivation. When I was just out of residency
and wanted to start a business, a close friend of mine who
was already a very successful entrepreneur offered this
sage advice: At the end of the day, if you simply spent your
time working and earning wages (for me it was in emergency
department) and compared that to all the debt you will incur
in a start-up venture, along with lost wages and the time
you will spend, you would probably be better off simply
practicing medicine—particularly if your goal is merely to
make money.
a. Solution: Be honest with yourself about what you hope
to gain. If you love all the different aspects of running the
business and all the challenges that go along with it, then
opening a business is a great adventure. However, if it is simply
the money you are after, there are probably better ways
to maximize your return on investment.
8. Failing to support the community. Your business, and
you as founder, must be good corporate citizens. This means
you should help with projects important to your community
(i.e., school, town, or place of worship). People will identify
the good deeds with your enterprise and, consequently,
your business will prosper from your involvement with
other not-for-profit ventures.
a. Solution: Get involved in local not-for-profit organizations.
It is a great way to form lasting business contacts and
derive pleasure from your philanthropic endeavors!
A wise person learns from their mistakes, a brilliant one
from the mistakes of others. Starting a business is fraught
with challenges and risks. However, many of the risks can be
mitigated by proper planning and execution, coupled with
partnering with others who have trodden the same path.
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John Shufeldt is the founder of the Shufeldt Law
Firm, as well as the chief executive officer of
NextCare, Inc., and sits on the Editorial Board of JUCM.
He may be contacted at JJS@shufeldtlaw.com. |