Question
After being injured in an auto accident, Robert Harris saw Dr. Greg Swafford for treatment of his injuries. Harris and Swafford agreed that Swafford would
After being injured in an auto accident, Robert Harris saw Dr. Greg Swafford for treatment of his injuries. Harris and Swafford agreed that Swafford would act as a medical/legal consultant and assist in preparing a personal injury lawsuit by Harris in return for 1513 percent of any recovery. Swafford testified at a deposition and supplied medical consultation and treatment. Harris's personal injury claim was settled for $625,000 and Swafford sued for 1513 percent. The American Medical Association's (AMA) code of ethics condemns contingency fees for medical services or as payment for a medical witness. The state board that denies, suspends, or revokes doctors' licenses for, among other things, unethical conduct adopted the AMA code as a regulatory policy. Was the agreement a violation of public policy?
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