SWIDRYK v. SAINT MICHAEL'S MED. CTR.


201 N.J. Super. 601 (1985)

493 A.2d 641

JOHN P. SWIDRYK, M.D., PLAINTIFF, v. SAINT MICHAEL'S MEDICAL CENTER, WILLIAM J. CORNETTA, JR., LEON SMITH, M.D., JAMES FLANAGAN, M.D., JOSEPH M. BYRNE, INDIVIDUALLY AND TRADING AS JOSEPH M. BYRNE COMPANY AND/OR FRED S. DAVIS COMPANY AND MARYLAND CASUALTY COMPANY, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided March 15, 1985.


Attorney(s) appearing for the Case

James M. Ronan, Jr. for plaintiff (Giordano, Halleran & Ciesla, attorneys).

James P. Richardson for defendant Smith (Seller, Richardson & Stuart, attorneys).


NEWMAN, J.S.C.

This summary judgment motion raises the novel issue of whether a physician may maintain a cause of action for educational malpractice against a director of medical education for an incident alleged to have occurred during the physician's residency at the medical center.

The underlying claim of malpractice is attributed to negligence in the delivery of a child in July 1973. At that time plaintiff, Dr. John P. Swidryk, had just begun his first...

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