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September 7, 1935


JAMA. 1935;105(10):827-828. doi:10.1001/jama.1935.02760360075041

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Compensation of Physicians: Compensation for Medical Services Contingent on Recovery of Damages; Validity of Contract.—  Sophie Magid was injured through the negligence of a third person. The physician-plaintiff agreed to treat her and to accept as his compensation 20 per cent of any amount she might recover from the person responsible for her injuries. If she received nothing the physician was to obtain nothing. The patient thereafter started suit against the person responsible for her injuries but was reluctant to proceed. On the physician's insistence she proceeded to trial. At the trial the physician testified and procured another medical expert to testify, and the patient obtained a verdict for $7,200. On the failure of the patient to pay the physician, he instituted this present action to recover 20 per cent of the $7,200 verdict obtained by the patient. From a judgment for the patient, the physician appealed to the Supreme

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