BRUGALETTA v. GARCIA

A-66 September Term 2016 079056.

190 A.3d 419 (2018)

234 N.J. 225

Janell BRUGALETTA, Plaintiff-Appellant, v. Calixto GARCIA, D.O., Steven D. Richman, M.D. and Patrick J. Hines, M.D., Defendants, and Chilton Memorial Hospital, Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 25, 2018.


Attorney(s) appearing for the Case

Ernest P. Fronzuto argued the cause for appellant (Fronzuto Law Group, attorneys; Ernest P. Fronzuto, of counsel and on the brief, and Casey Anne Cordes , Woodland Park, on the brief).

Anthony Cocca argued the cause for respondent Chilton Medical Center (Bubb, Grogan & Cocca, attorneys; Anthony Cocca , Morristown, of counsel and on the brief).

E. Drew Britcher argued the cause for amicus curiae New Jersey Association for Justice ( Britcher Leone , attorneys; E. Drew Britcher, of counsel and on the brief, and Jessica E. Choper , Glen Rock, on the brief).

Ross A. Lewin argued the cause for amicus curiae New Jersey Hospital Association (Drinker Biddle & Reath, attorneys; Ross A. Lewin, Princeton, of counsel and on the brief). Philip S. Goldberg submitted a brief on behalf of amici curiae American Medical Association and Medical Society of New Jersey (Shook, Hardy & Bacon, attorneys).


This appeal arises from a discovery dispute in a medical malpractice action involving a hospital's and its staff's care of a patient. The parties clash over the boundaries of privileged material under the Patient Safety Act (PSA), N.J.S.A. 26:2H-12.23 to -12.25c, and plaintiff's ability to receive...

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