SERRANO v. LEVITSKY


215 N.J. Super. 454 (1986)

521 A.2d 1377

CARLOS SERRANO, PLAINTIFF, v. MARK K. LEVITSKY, M.D., BRIDGETON HOSPITAL AND RICHARD WOLF MEDICAL INSTRUMENTS CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division, Union County.

Decided December 3, 1986.


Attorney(s) appearing for the Case

Jack Wurgaft, for plaintiff (Javerbaum & Wurgaft, attorneys).

Brian W. Hunkins, for defendant Dr. Levitsky (Dughi & Hewit, attorneys).

R. Scott Eichhorn, for defendant Bridgeton Hospital (McDonough, Murray & Korn, attorneys).

Eugene Rosner, for defendant Richard Wolfe Medical Instruments Corporation (Fink & Rosner, attorneys).


MENZA, J.S.C.

The question presented in this medical malpractice case is whether an unsolicited opinion contained in the report of plaintiff's treating physician, that the defendant-doctor was not negligent in his treatment of the plaintiff, is admissible against plaintiff in his action against the doctor.

Plaintiff sustained injuries during surgery when a surgical instrument broke while being used by defendant-doctor. In preparation for his case, plaintiff...

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