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SINCLAIR v. ROTH

811 A.2d 460 (2002)

356 N.J. Super. 4

Esther A. SINCLAIR, as Executrix of the Estate of William A. Sinclair and Esther A. Sinclair, as Executrix Ad Prosequendum on behalf of the heirs of William A. Sinclair, Plaintiff-Appellant, v. Steven B. ROTH, M.D., Defendant-Respondent, and Francis Bottone, M.D., Roxbury Family Practice, John Doe, M.D. 1-50, Jane Doe, M.D. 1-50, John Doe, R.N. 1-50, Jane Doe, R.N. 1-50, John Doe, 1-50, Jane Doe 1-50, John Doe, Corp. 1-50 (fictitious names), Defendants.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 2002.

Attorney(s) appearing for the Case

E. Drew Britcher, Morristown, argued the cause for appellant (Britcher, Leone & Roth, attorneys; Mr. Britcher, of counsel; Jessica Choper, on the brief).

Catherine J. Flynn, New Providence, argued the cause for respondent (Tafaro & Flynn, attorneys; Ms. Flynn, of counsel; Leonard S. Rothbard, on the brief).

Before Judges STERN, COLLESTER and ALLEY.

The opinion of the court was delivered by

STERN, P.J.A.D.

Plaintiff appeals from a judgment based on a verdict of no cause for action in a medical malpractice case. Plaintiff also appeals from the denial of her motion for new trial. The case deals with a reading by defendant, Dr. Steven Roth, of a stress test and his failure to alert plaintiff's decedent and referring doctor to the impact of his findings and of his recommendations for treatment. Plaintiff...

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