Jarrell v. Kaul – Sept. 2015 (Summary)

NEGLIGENT HIRING

Jarrell v. Kaul, No. A-42-13 (072363) (N.J. Sept. 29, 2015)

The Supreme Court of New Jersey ruled that a negligent hiring claim may be asserted against a health care facility that granted privileges to a defendant physician who had not complied with a state statute that requires medical malpractice insurance.

The patient was operated on by a physician who had been granted privileges at a health care facility, but who had no medical malpractice insurance, as mandated by a state statute. The patient experienced new pain after the surgery, and filed a lawsuit against the health care facility, among others, for allowing an uninsured physician to perform procedures at the facility. The trial court dismissed the claim, since the patient lacked an expert who would testify that the facility deviated from acceptable standards by permitting an uninsured physician to practice at its facility. Finally, the court ruled that the patient could bring a negligent hiring claim against the hospital for hiring a physician without liability insurance, and the issue was remanded to trial because discovery would be necessary to clarify surrounding issues.