Dutka v. Sinai Hospital

On October 27, 1980, plaintiff filed a complaint against Sinai Hospital, alleging breach of an implied contract. After a bench trial, a judgment of no cause of action was entered. Plaintiff appeals to this Court as of right.

Plaintiff is a licensed physician specializing in cardiovascular surgery. He was hired by Sinai Hospital in September, 1978, as an office assistant to Dr. Adrian Kantrowitz, in the Department of Cardiovascular Thoracic Surgery. Although the hospital bylaws limited the privileges of an office assistant to writing orders on patients of the active staff member, plaintiff…