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Joseph v. Passaic Hospital Association

Decided: May 13, 1955.

MORRIS JOSEPH, PLAINTIFF,
v.
PASSAIC HOSPITAL ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, ET ALS., DEFENDANTS



Grimshaw, J.s.c.

Grimshaw

The defendant Passaic Hospital Association is a corporation not for pecuniary profit which has for its purpose, "the care, cure, nurture and maintenance of sick, injured, infirm, aged, indigent, deaf, dumb, blind, idiotic or insane persons, and of orphans, half orphans and destitute children, and the education of nurses." To carry out the purposes, the corporation maintains a hospital under the name of Passaic General Hospital. The income of the defendant corporation is derived from fees paid by patients and contributions from charitably inclined persons and corporations. The City of Passaic pays to the defendant the sum of $18,000 annually for care and treatment given to indigent residents of the City of Passaic.

The Board of Governors of the Passaic Hospital Association is entrusted with the management and control of the hospital. The members of that board are named as defendants as are several members of the medical staff.

The provisions of the constitution of the Passaic Hospital Association relating to the medical staff are as follows:

"ARTICLE VIII

Medical Staff

Section 1. Medical Board Membership and Organization.

There shall be a Medical Board, consisting of seven members, of whom six shall be selected from the Medical Staff and one shall be the President of the Medical Staff.

The Medical Board may adopt such rules and regulations as it deems proper for its organization and function, these rules and regulations to be subject to the approval of the Board of Governors and shall not be inconsistent with this Constitution.

Section 2. Purpose and Responsibility.

The Medical Board shall be responsible to the Board of Governors for the professional care of all patients, and it shall, therefore, direct and control the medical and surgical practices of the Hospital in all their branches, subject to such rules and regulations as are prescribed for the admission and care and discharge of patients.

The Medical Board shall recommend to the Board of Governors annually, prior to the December meeting, the physicians to constitute the Medical Staff for the ensuing calendar year.

Section 5. Joint Committee.

The Medical Board shall appoint three of its members who shall meet with three representatives of the Board of Governors and the Director of the Hospital for the purpose of discussing matters concerning

the Hospital service and to make such recommendations as they may decide upon to the Board of Governors. This Joint Committee, whose Chairman shall be appointed by the President of the Board of Governors, shall meet at least four times during each year, and oftener at the call of its Chairman.

Section 6. Medical Staff.

There shall be an organized medical staff composed of qualified physicians privileged to work in the Hospital and to serve the Hospital in the professional care of its patients.

The Medical Board shall recommend to the Board of Governors the membership of the Medical Staff with the assignments of service. Appointments on the Medical Staff shall be made for a period of one year or until the end of the calendar year of the Hospital. Appointments on the Medical Staff will be made annually at the December meeting of the Board of Governors. Final ...


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