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LANZET v. GREENBERG

126 N.J. 168 (1991)

594 A.2d 1309

ESTHER LANZET, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATES OF ANNA LANZET AND MAX LANZET, DECEASED, PLAINTIFF-APPELLANT, v. LAWRENCE M. GREENBERG, M.D.; SAVEREN SCANNAPIEGO, M.D.; ROSE L. OEN, M.D.; AND TALLAT BEKHIT, M.D., DEFENDANTS-RESPONDENTS, AND (FICTITIOUSLY NAMED) JOHN DOE, M.D.; RICHARD ROW, M.D.; JANE DOE, R.N.; MARY ROE, R.N.; AND GREENVILLE HOSPITAL, DEFENDANTS.

The Supreme Court of New Jersey.

Decided September 4, 1991.

Attorney(s) appearing for the Case

Francis X. Dorrity argued the cause for appellant.

Hugh P. Francis argued the cause for respondent Rose L. Oen, M.D. (Francis & Berry, attorneys; Evelyn C. Farkas, on the brief).

Robert D. Kretzer argued the cause for respondent Tallat Bekhit, M.D. (McDonough, Korn & Eichhorn, attorneys).

Neil Reiseman argued the cause for respondent Saveren Scannapiego, M.D. (Reiseman, Mattia & Sharp, attorneys; Deirdre Dennis Ferrie, on the brief).

Bradley M. Wilson argued the cause for respondent Lawrence M. Greenberg, M.D. (Feuerstein, Sachs, Maitlin & Fleming, attorneys).

The opinion of the Court was delivered by O'HERN, J.

In this medical-malpractice case, a patient undergoing a rather common cataract procedure lapsed into a coma from which she never recovered. There was clear evidence of neglect by the operating-room physicians adduced from the testimony of the physicians themselves. Their testimony independently established that they did not know among themselves who had the duty to terminate the operation when the patient's vital...

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