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December 4, 1954


Author Affiliations


Staff Associate, Law Department, American Medical Association.

JAMA. 1954;156(14):1314-1317. doi:10.1001/jama.1954.02950140014005

A partnership is one of the closest forms of personal and legal association that exists. Essentially it is an agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of these, in lawful commerce or business and to divide the profit and bear the loss in certain proportions. It is in reality a contract of mutual agency with each partner acting as a principal in his own behalf and also as an agent of his co-workers. The partnership relation is important to physicians because the corporate practice of medicine, being unethical and in most states illegal as well, is unavailable to them. A physician, of course, may practice by himself or as the employer or employee of another physician. If he does not want to follow such orthodox arrangements, however, it is to the partnership rather than to the corporation that

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