Garrow v. Elizabeth General Hospital and Dispensary

Although I am fully in agreement with the result reached by the major*569ity and with its reasoning as to the procedural rights to he accorded plaintiff at the hospital hearing, I respectfully disagree with its conclusion as to exhaustion of remedies. In my view, the policies protected by that generally salutary doctrine are not adequately implicated in these circumstances so as to outweigh plaintiff’s right to immediate judicial intervention.

Courts are generally agreed that a plaintiff’s challenge to the validity of an agency’s procedures is not subject to the exhaustion doctrine. See, e. g.,…