Civil action. Findings of fact and conclusions of law.
Schneider, J.c.c. (temporarily assigned).
On motion, suit was dismissed as to all defendants except the Englewood Hospital Association. Plaintiff is a Doctor of Osteopathy and filed an application seeking membership on the courtesy medical staff of the Englewood Hospital. He files suit to compel defendant to consider his application in good faith, reasonable and for the public good. The Englewood Hospital Association is a nonprofit corporation operating a hospital in Englewood, Bergen County, New Jersey.
The facts appear to be as follows: Plaintiff graduated Alfred University with a B.A. degree. He attended the Kirksville College of Osteopathy at Kirksville, Missouri, for four years, which college is approved by New Jersey, and received the degree of D.O. The course was a full medical program and he graduated May 30, 1960. He was 41 in standing in a class of 65 students and had a C-plus average. He interned at Normandy Osteopathic Hospital for a one-year rotating internship.
He took board examinations in Missouri and Kentucky and was licensed to practice medicine and surgery July 9, 1960 in Missouri. In Kentucky he was licensed to practice osteopathy on July 1, 1961, but he never practiced there. He received a license to practice in New Jersey on July 12, 1961 and his certificate showed it was based on reciprocity with Missouri. He was licensed in New York based upon reciprocity under his Kentucky license. He has never practiced in New York.
Plaintiff took an examination and was licensed in California for the practice of osteopathy on May 28, 1964. Under California law, medicine and osteopathy were amalgamated and he can practice medicine there but never has. By a quirk of law, he received an M.D. degree from the California College of Medicine, a recognized medical school, although he never attended that medical school.
He opened an office for the practice of medicine in January 1962 in Fort Lee, Bergen County, New Jersey. He is a member of the Bergen County Association of Osteopathic Physicians and the New Jersey Society of Osteopaths. He never applied for membership in the Bergen County Medical Society. He conducts a general practice of medicine.
In March 1964 he opened an office for the practice of medicine in Edgewater, New Jersey, and since the death of a doctor there, has been the only doctor with an office in that community. He serves a number of industrial plants, with a total working force of 800, on an emergency basis, but with one exception other doctors are called in from time to time.
Plaintiff is on the medical staff of River Dell Hospital in Oradell, New Jersey. It is an osteopathic hospital with 60 beds. He was also on the medical staff of Saddle Brook Hospital at Saddle Brook, New Jersey, which has 100 beds, but he resigned voluntarily because he did not wish to pay the charge of $25 per month. At River Dell Hospital the doctors were required to pay the hospital 25% of the fee received from the patient, but now payment is required only on surgical cases and he pays dues of $20 per month.
Defendant Englewood Hospital is about four miles from plaintiff's office and it takes 10-15 minutes to get there. The distance and time are the same from Edgewater. River Dell is 12-15 miles away and it takes one-half hour to get there. Holy Name Hospital in Teaneck is about the same distance and time as Englewood Hospital, as are Hasbrouck Heights Hospital and Saddle Brook. North Hudson Hospital in West New York is about four miles away, and there is Christ Hospital in Jersey City.
Plaintiff contends River Dell Hospital is not sufficient for the needs of his patients and there are not enough beds for emergency cases. Some patients insist on going to Englewood Hospital and plaintiff cannot treat them there. He claims loss of patients by that situation. His ...