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AIELLO v. MUHLENBERG R. MED. CTR.

733 A.2d 433 (1999)

159 N.J. 618

Laura E. AIELLO, Plaintiff-Appellant, v. MUHLENBERG REGIONAL MEDICAL CENTER, d/b/a Muhlenberg Hospital, Mabini Piezas, M.D., P.A., John Doe(s) (said name(s) being fictitious and unknown), Jane Doe(s) (said name(s) being fictitious and unknown) and Roe Doe(s) (said name(s) being fictitious and unknown), Defendants, and Mahesh Shah, M.D., Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 29, 1999.

Attorney(s) appearing for the Case

Robert D. Farber, Asbury Park, for plaintiff-appellant.

Stephen J. Tafaro, New Providnce, for defendant-respondent (Tafaro & Flynn, attorneys; Frederick J. Hughes, Jr,, on the brief).

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

This is a medical malpractice case that requires the Court to address the principle of law that allows a doctor to avoid liability for injuries to a patient resulting from medical conduct involving the "exercise of judgment." The alleged malpractice in this case arose out of the performance of a medical procedure known as a laparoscopic tubal ligation. The procedure requires the insertion of a needle into the patient...

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