ARTHUR v. ST. PETERS HOSPITAL


169 N.J. Super. 575 (1979)

405 A.2d 443

KEITH L. ARTHUR, PLAINTIFF, v. ST. PETERS HOSPITAL, LORIN PRESS, M.D., ALAN HIRSHMAN, M.D., JANE DOE, MARY ROE, ETC., UNKNOWN PHYSICIANS, RADIOLOGISTS, REGISTERED NURSES, LICENSED PRACTICAL NURSES, AND NURSES AIDES, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 30, 1979.


Attorney(s) appearing for the Case

Mr. Gerard C. Gross for plaintiff.

Mr. Joel A. Greenberg for defendants (Messrs. Horn, Kaplan, Goldberg & Gorny, attorneys).


GIBSON, J.S.C.

This is a medical malpractice case in which the defendant hospital has moved for summary judgment. Essentially, the hospital argues that whatever negligence existed was that of the physicians involved and since they were independent contractors, it is entitled to a dismissal as a matter of law. Plaintiff asserts that the doctors' contractual status is still a factual question and that, in any event, the hospital held the doctors out as its employees...

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