In New Jersey, when one holds himself out to the public as having a professional skill and offers his services to those who accept them based on that representation, he is responsible for any shortfall or lack of skill, even if his services are rendered gratuitously.
The corporate practice of medicine doctrine prohibits corporations from practicing medicine or employing a physician to provide professional medical care. New Jersey law prohibits non-physicians – any person without a license – from engaging directly in any medical practice.
The practice of medicine includes conducting a medical examination and offering a diagnosis. Rendering treatment is not required to establish that a defendant engaged in the practice of medicine, surgery, podiatric medicine without a license.
The practice of medicine and surgery includes the practice of any branch of medicine, surgery, and any method of treatment of human ailment, disease, pain, injury, deformity, mental or physical condition. The practice of medicine and surgery or podiatric medicine includes conducting a medical examination and rendering a diagnosis.
