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VASILY v. COLE

173 N.J. Super. 152 (1980)

413 A.2d 954

MARY VASILY, PLAINTIFF-APPELLANT, v. NATHANIEL COLE, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 1980.

Attorney(s) appearing for the Case

Philip G. Auerbach argued the cause for appellant (Auerbach, Rudnick, Waldman and Ford, attorneys).

John G. Rathman argued the cause for respondent (Kirkpatrick & Rathman, attorneys).

Before Judges BISCHOFF, BOTTER and DWYER.

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

With leave granted by us pursuant to R. 2:2-4, this interlocutory appeal concerns the right of a medical malpractice panel, appointed pursuant to R. 4:21, to ask for and receive plaintiff's hospital records not submitted by either party.

Plaintiff commenced this medical malpractice action in November 1976 against defendant who had treated her over a period of years. According to documents...

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