MAREK v. PROFESSIONAL HEALTH SERVICES, INC.


179 N.J. Super. 433 (1981)

432 A.2d 538

ROLAND MAREK AND ANN MAREK, PLAINTIFFS-RESPONDENTS, v. PROFESSIONAL HEALTH SERVICES, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1981.


Attorney(s) appearing for the Case

Louis A. Ruprecht argued the cause for appellant.

Marc J. Gordon argued the cause for respondents (Margolis, Gordon & Goldstein, attorneys; Lawrence P. Stern, on the brief).

Before Judges BOTTER, KING and McELROY.


The opinion of the court was delivered by KING, J.A.D.

The principal issue on appeal is whether the health care entity in this case could delegate to an independent medical contractor its duty of care in reading a patient's x-ray and thus escape liability for that contractor's negligence. We conclude that the duty to perform this patient service was nondelegable; the engagement of an independent contractor created no insulation against liability for that independent...

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