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PERNA v. PIROZZI

92 N.J. 446 (1983)

457 A.2d 431

BETTY L. PERNA AND THOMAS R. PERNA, JR., PLAINTIFFS-APPELLANTS, v. MICHAEL J. PIROZZI, M.D., ANTHONY DEL GAIZO, M.D., AND PATRICK N. CICCONE, M.D., DEFENDANTS-RESPONDENTS, AND MANSOOR KARAMOOZ, M.D., DEFENDANT.

The Supreme Court of New Jersey.

Decided March 2, 1983.

Attorney(s) appearing for the Case

William O. Barnes, Jr., argued the cause for appellants (Barnes & Barnes, attorneys).

John L. Shanahan argued the cause for respondents (Shanahan & McLarty, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

This appeal challenges the validity of R. 4:21, which requires the pre-trial submission of medical malpractice claims to a panel consisting of a judge, an attorney and a physician. More specifically, the appeal questions whether a plaintiff may cross-examine a defendant-doctor about alleged prior inconsistent statements at a panel hearing and whether the trial court may refuse to permit a plaintiff to show...

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