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GUPTA v. NEW BRITAIN GENERAL HOSPITAL12/31/1996
impossible, to apply in the academic environment, courts> have almost universally held that claims of "educational malpractice" are not cognizable. Among other problems for adjudication, these claims involve the judiciary in the awkward tasks of defining what constitutes a reasonable educational program and of deciding whether that standard has been breached. See, e.g., Peter W. v. San Francisco Unified School District, 60 Cal.App.3d 814, 825, 131 Cal.Rptr. 854 (1976) (finding no "conceivable `workability of a rule of care' against which [teachers'] alleged conduct may be measured"). In entertaining such claims, moreover, courts> are required "not merely to make judgments as to the validity of broad educational policies . . . but, more importantly, to sit in review of the day-to-day implementation of these policies." Donohue v. Copiague Union Free School District, supra, 47 N.Y.2d 445.
The jurisprudential considerations that shed doubt on the viability of the tort of educational malpractice also inform our analysis of a contract claim based on inadequate educational services. See Ross v. Creighton University, 740 F. Sup. 1319, 1331 (N.D.Ill. 1990), aff'd in part, rev'd in part, 957 F.2d 410 (7th Cir. 1992) ("the policies forbidding the tort of educational malpractice likewise forbid a breach of contract claim based upon allegedly inferior instruction"); Paladino v. Adelphi University, 89 App. Div.2d 85, 89, 454 N.Y.S.2d 868 (1982) ("the soundness of policy of noninterference is equally applicable when the action is . . . formulated in contract"). It is as a result of
these considerations that contract claims challenging the overall quality of educational programs "have generally been rejected." Cencor, Inc. v. Tolman, supra, 868 P.2d 398; see also Ross v. Creighton University, supra, 416; Hunter v. Board of Education, 292 Md. 481, 489-90 n. 5, 439 A.2d 582 (1982); Torres v. Little Flower Children's Services, 64 N.Y.2d 119, 128, 474 N.E.2d 223, 485 N.Y.S.2d 15 (1984), cert. denied, 474 U.S. 864, 106 S.Ct. 181, 88 L.Ed.2d 150 (1985); Paladino v. Adelphi University, supra, 89-90.
Judicial noninterference is especially appropriate in cases like the present one, in which the focus of a breach of contract claim is an allegedly inadequate residency program. See Swidryk v. St. Michael's Medical Center, 201 N.J. Super. 601, 606-607, 493 A.2d 641 (1985) (recognizing resident's claim for educational malpractice would infringe on administrative and legislative authority). Specialized bodies, such as the accreditation council for graduate medical education (accreditation council), currently have the responsibility of overseeing and regulating residency programs, including the one offered by this hospital. In this state, successful completion of a program accredited by the accreditation council is a prerequisite to obtaining a license to practice medicine and surgery. Public Acts 1995, No. 95-271; General Statutes ยง 20-13. In light of the highly specialized nature of patient care, these external regulators are better suited than are courts> to evaluate the effectiveness of a residency program.
There are, however, at least two situations wherein courts> will entertain a cause of action for institutional breach of a contract for educational services. The first would be exemplified by a showing that the educational program failed in some fundamental respect, as by not offering any of the courses necessary to obtain certification in a particular field. See Wickstrom v. North Idaho College, 111 Idaho 450, 452, 725 P.2d 155 (1986); Ross v.
Creighton University, supra, 957 F.2d 417. The second would arise if the educational institution failed to fulfil a s
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