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GARDNER v. PAWLIW

150 N.J. 359 (1997)

696 A.2d 599

LINDA GARDNER AND THOMAS GARDNER, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. MYRON PAWLIW, M.D., DEFENDANT-RESPONDENT, AND JOHN DOE, SAID NAME, JOHN DOE, BEING FICTITIOUS, JOINTLY, INDIVIDUALLY AND IN THE ALTERNATIVE, DEFENDANT.

The Supreme Court of New Jersey.

Decided July 14, 1997.

Attorney(s) appearing for the Case

Albert J. Brooks, Jr. argued the cause for appellants (Sheller & Associates, attorneys).

Hugh Francis argued the cause for respondent (Francis & Berry, attorneys; Beth A. Hardy, on the briefs).

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

The primary issue in this appeal concerns whether it was error for the trial court, following a three-day jury trial, to dismiss plaintiffs' complaint. That complaint alleged that the treating obstetrician had negligently failed to perform certain diagnostic tests, thereby increasing the risk of harm from a preexistent condition, which resulted in the ultimate demise of a nearly fullterm

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