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., 159 N.J. 618

Summary

Plaintiff sustained injuries when defendant, her surgeon, mistakenly inserted a needle through her abdomen and beyond the operative field. The issue was whether the court should have instructed the jury to consider whether the doctor's conduct in performing the medical procedure involved the reasonable "exercise of judgment" that could be a defense or excuse for medical "mistake;" or alternatively, whether the performance of the medical procedure raised only the question of the doctor's negligence or lack of reasonable professional care, which would not provide a defense based on a "mistake" otherwise attributable to the "exercise of judgment." The court held that because the term "judgment" has a special meaning as part of the "medical judgment" rule, its use should be avoided in a medical malpractice case involving only negligence or the failure to exercise reasonable care in the rendering of medical treatment or the performance of medical procedures.