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HUTCHINSON v. ATLANTIC CITY MED.

314 N.J. Super. 468 (1998)

MATTHEW HUTCHINSON, AN INFANT BY AND THROUGH HIS NATURAL PARENTS AND GUARDIANS AD LITEM, MARK HUTCHINSON AND TERRE HUTCHINSON, AND MARK HUTCHINSON AND TERRE HUTCHINSON, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. ATLANTIC CITY MEDICAL CENTER-MAINLAND, JOSEPH L. DESTEFANO, M.D., ALAN J. FELDMAN, M.D., LARRY J. KAUFMAN, M.D., DRS. DESTEFANO, FELDMAN AND KAUFMAN, P.A., AND STUART GOLDMAN, M.D., DEFENDANTS, AND ALBERT C. DEARDEN, M.D., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 1998.

Attorney(s) appearing for the Case

Melvin Greenberg argued the cause for appellant (Greenberg, Dauber & Epstein, attorneys; Mr. Greenberg and Mark D. Jaffe, on the brief).

J. Scott Kramer, admitted pro hac vice, argued the cause for respondents Matthew Hutchinson, Mark Hutchinson, and Terre Hutchinson (Duane, Morris & Heckscher, attorneys; Mr. Kramer and James L. Beusoleil, Jr., of counsel and on the brief).

Before Judges SKILLMAN, EICHEN and STEINBERG.

The opinion of the court was delivered by SKILLMAN, J.A.D.

The primary issue presented by this appeal is whether the Court of Errors and Appeals' decision in Hull v. Plume, 131 N.J.L. 511, 37 A.2d 53 (E. & A. 1944), holding that a plaintiff in a medical malpractice action cannot compel a defendant doctor to express an expert opinion, is still controlling law in this State.

Plaintiff Matthew Hutchinson was born at the Atlantic City Medical...

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