ANGELA MORLINO, INDIVIDUALLY AND ANGELA MORLINO, ADMINISTRATRIX AD PROSEQUENDUM FOR THE ESTATE OF BABY GIRL MORLINO, DECEASED, PLAINTIFF-APPELLANT,
v.
MEDICAL CENTER OF OCEAN COUNTY, J. DUGENIO, M.D. AND FLAVIUS THOMPSON, M.D., DEFENDANTS-RESPONDENTS, AND JOHN DOE, M.D., THE EMERGENCY ROOM PHYSICIAN(S), JANE DOE, R.N., THE EMERGENCY ROOM NURSE(S) AND JOHN DOE II, M.D., DEFENDANTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued November 3, 1997.
Decided February 26, 1998.
Attorney(s) appearing for the Case
Robert B. Kurzweil, argued the cause for appellant (Katz, Ettin, Levine, Kurzweil & Weber, attorneys).
Joseph A. DiCroce, argued the cause for respondent Medical Center of Ocean County (DiCroce & Maggs, attorneys; Timothy J. Wintrode, on the brief).
Martin J. McGreevy, argued the cause for respondent J. Dugenio, M.D. (Carton, Witt, Arvanitis & Bariscillo, attorneys; Russell J. Malta, on the briefs).
John R. Orlovsky, argued the cause for respondent Flavius Thompson, M.D. (Orlovsky, Moody, Schaaff & Gabrysiak, attorneys; Mr. Orlovsky and Paul F. Schaaff, Jr., on the briefs).
Michael S. Berger, argued the cause for amicus curiae Association for Trial Lawyers of America-New Jersey (Mr. Berger, attorney; Kevin Haverty, on the brief).
Hugh Francis, argued the cause for amicus curiae American Insurance Association (Francis & Berry, attorneys; Peter A. Olsen, on the brief).
Herbert J. Stern, submitted a brief on behalf of amicus curiae the Medical Society of New Jersey (Stern & Greenberg, attorneys; Joel M. Silverstein, on the brief).
The Supreme Court of New Jersey.
The opinion of the court was delivered by POLLOCK, J.
This medical malpractice case presents two issues. The first is whether pharmaceutical package inserts in the Physicians Desk Reference (PDR) are admissible as evidence of a physician's standard of care. The second issue is whether the trial court committed reversible error by instructing the jury in accordance with Model Jury Charge 5.36(A) that a physician is not liable...
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