Associations-Expulsion, Suspension, or Exclusion of Members-Physician’s Right to Membership in County Medical Society

Plaintiff had satisfied all state requirements for the practice of medicine on the basis of work at an osteopathic college and residency at an osteopathic hospital, and had received a state license to practice medicine and surgery. Subsequently, plaintiff attended an AMA accredited medical college which awarded him a degree based in part on his osteopathic training. The Middlesex County Medical Society refused to admit plaintiff into active membership because he had not fulfilled the membership requirement of four years of study in a medical school approved by the AMA. As a result, two private hospitals terminated plaintiff’s staff membership and hospital privileges. In an action in lieu of mandamus, held, for petitioner. Exclusion from the Medical Society was void, and the Society must admit plaintiff into active membership. The Medical Society is an involuntary organization whose application of a membership rule contrary to the requirements of the State Board of Medical Examiners is contrary to public policy and causes substantial injury to plaintiff. Falcone v. Middlesex County Medical Soc’y, 62 N.J. Super. 184, 162 A.2d 325 (1960).