Kosmowski v. Atlantic City Medical Center

The opinion of the Court was delivered by

COLEMAN, J.

The sole issue raised in this medical malpractice — wrongful death case is whether the complaint should have been dismissed because of the unavailability of plaintiffs’ medical expert. We *571conclude that under the unique facts of this ease, the trial court should reassess its discretionary ruling.

I

The complaint in this action was filed on September 1, 1995. A second amended complaint alleges that Drew J. Kosmowski, now deceased, was admitted to defendant Atlantic City Medical Center and came-under the care of the individual defendants. That…