Lowe v. Zarghami

The opinion of the Court was delivered by

GARIBALDI, J.

The basic issue in this case, as in Eagan v. Boyarsky, 158 N.J. 632, 731 A.2d 28 (1999), also decided today, is whether a clinical professor employed by the University of Medicine and Dentistry of New Jersey (“UMDNJ”), who practices medicine in a UMDNJ affiliated private hospital, is a public employee entitled to notice under the Tort Claims Act, N.J.S.A. 59:1-1 to -14-4 (“TCA”).

I

A. The Medical Malpractice Claim

On September 7, 1994, plaintiff, Linda Lowe, who was seeking treatment for cervical cancer, was referred to Dr. Zarghami by her…