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REYNOLDS v. GONZALEZ

798 A.2d 67 (2002)

172 N.J. 266

Frank REYNOLDS, Plaintiff-Appellant, v. Mario D. GONZALEZ, M.D., a licensed physician of the State of New Jersey, Defendant-Respondent, and Meadowlands Hospital Medical Center, a Hospital Corporation of the State of New Jersey, its servants, agents or employees, John Doe and Mary Roe # 1-5 (fictitious names intending to designate nurses and health care professionals who participated in the care, management, post surgical management and care of Plaintiff), and each of them jointly, severally or in the alternative, Defendants.

Supreme Court of New Jersey.

Decided June 11, 2002.

Attorney(s) appearing for the Case

Douglas D. Burgess, Wallington, argued the cause for appellant (Cary & Icaza, attorneys; Robert R. Cary, Newark, on the brief).

Judith A. Wahrenberger, Springfield, argued the cause for respondent (Wahrenberger & O'Brien, attorneys).

E. Drew Britcher, Morristown, argued the cause for amicus curiae, Association of Trial Lawyers New Jersey (Britcher, Leone & Roth, attorneys).

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

In this appeal, plaintiff contends that the Court should eliminate the substantial factor test in increased-risk medical malpractice cases. See Scafidi v. Seiler, 119 N.J. 93, 574 A.2d 398 (1990); Evers v. Dollinger, 95 N.J. 399

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