Hutchinson v. Atlantic City Medical Center-Mainland

The opinion of the court was delivered by

SKILLMAN, J.A.D.

The primary issue presented by this appeal is whether the Court of Errors and Appeals’ decision in Hull v. Plume, 131 N.J.L. 511, 37 A.2d 53 (E. & A.1944), holding that a plaintiff in a medical malpractice action cannot compel a defendant doctor to express an expert opinion, is still controlling law in this State.

Plaintiff Matthew Hutchinson was bom at the Atlantic City Medical Center on August 16, 1991. It was a difficult delivery, *472and the family’s obstetrician, defendant Alan J. Feldman, used forceps to facilitate the birthing…