IL GRANDE v. DIBENEDETTO


841 A.2d 974 (2004)

366 N.J. Super. 597

Carolyn IL GRANDE and Alexander Il Grande, her husband per quod, Alexis Anne Il Grande, an infant by her Guardian ad litem, Carolyn Il Grande, individually and in their own right, Plaintiffs-Appellants, v. Robert DiBENEDETTO, M.D., Defendant-Respondent, and M. Horn, M.D. (first name unknown) and St. Barnabas Medical Center, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 19, 2004.


Attorney(s) appearing for the Case

Cynthia A. Matheke, Roseland argued the cause for appellants (Lum, Danzis, Drasco & Positan, attorneys; Dennis J. Drasco, Ms. Matheke and Lisa A Firko, of counsel; Kevin J. O'Connor and Erik C. Acosta, on the brief).

Thomas J. Pyle, Jr., argued the cause for respondent (Post, Polak, Goodsell, MacNeill & Strauchler, attorneys; Mr. Pyle, on the brief).

Before Judges CARCHMAN, WECKER and WEISSBARD.


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

This appeal requires us to consider whether a defendant doctor is entitled to compel a plaintiff to undergo an invasive procedure to allow the doctor to defend the underlying medical malpractice action. We hold that such an application requires a motion judge to carefully balance whether the probative value of the proposed invasive procedure outweighs any danger or...

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