WAGNER v. DEBORAH HEART & LUNG CENTER


247 N.J. Super. 72 (1991)

588 A.2d 860

JOHN W. WAGNER, JR., AND ELEANOR M. WAGNER, PLAINTIFFS-APPELLANTS, v. DEBORAH HEART & LUNG CENTER AND J. FERNANDEZ, DEFENDANTS-RESPONDENTS, AND PFIZER HOSPITAL PRODUCTS GROUP, INC., AND PFIZER, INC., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 1991.


Attorney(s) appearing for the Case

Andrew V. Clark argued the cause for appellants (Seaman, Clark, Addy and Clark, attorneys; Andrew V. Clark on the brief).

Charles C. Daley, Jr., argued the cause for defendants Deborah Heart and Lung Center and Dr. Javier Fernandez (Grossman & Kruttschnitt, attorneys; Eli L. Eytan, on the brief).

Before Judges J.H. COLEMAN and DREIER.


The opinion of the court was delivered by J.H. COLEMAN, P.J.A.D.

This appeal requires us to decide whether the res ipsa loquitur doctrine is available to a plaintiff in a medical malpractice suit against a cardiothoracic surgeon who intentionally leaves inside the surgical wound a small piece of a stainless steel surgical needle which broke off while defendant was stitching the halves of the sternal bone together following triple bypass surgery.

Plaintiff...

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