You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

McKenney v. Jersey City Medical Center

Citations: 771 A.2d 1153; 167 N.J. 359; 2001 N.J. LEXIS 511

Court: Supreme Court of New Jersey; May 16, 2001; New Jersey; State Supreme Court

Narrative Opinion Summary

In the medical malpractice case involving claims of wrongful birth and wrongful life, the plaintiffs alleged that medical professionals failed to inform them of prenatal signs indicating their child would be born with spina bifida, depriving them of the option to terminate the pregnancy. They further claimed that the decision to proceed with a vaginal delivery exacerbated the child's condition. Central to the case was the issue of whether defense counsel had a duty to disclose material changes in witness testimony before trial. The New Jersey Supreme Court found that the late disclosure of such changes, after the plaintiffs had rested their case, warranted a mistrial. The court emphasized the ethical obligation of attorneys to inform opposing counsel of significant alterations in testimony to avoid trial by ambush. The trial court's decision was reversed, and the case was remanded for a new trial, underscoring the importance of full disclosure in ensuring justice. The ruling also addressed the liability of medical institutions under the doctrine of respondeat superior for the actions of their employees. Ultimately, the decision reflects the court's commitment to maintaining the integrity of the judicial process and the pursuit of truth in legal proceedings.

Legal Issues Addressed

Duty of Disclosure in Witness Testimony

Application: Defense counsel must disclose any material changes in a witness's testimony prior to trial.

Reasoning: The crux of the appeal centers on whether defense counsel was aware that a witness's trial testimony would materially differ from their deposition testimony.

Ethical Obligations of Attorneys

Application: Attorneys have a duty to inform opposing counsel of significant changes in testimony to prevent surprises at trial.

Reasoning: The court emphasized the attorneys' ethical obligation to inform opposing counsel of significant changes in testimony, highlighting a consistent duty to disclose expert opinions as well.

Respondeat Superior Liability

Application: Liability sought against medical institutions for actions of employees during their employment.

Reasoning: Liability under the doctrine of respondeat superior was sought against JCMC and FHC due to employee De's actions during her employment.

Right to a Mistrial

Application: A mistrial may be warranted if plaintiffs are significantly prejudiced by undisclosed changes in witness testimony.

Reasoning: The Supreme Court of New Jersey concluded that a mistrial should have been declared and granted the plaintiffs a new trial.

Wrongful Birth Claims

Application: Plaintiffs do not need to prove that negligence caused the defect, but rather that it deprived them of the option for elective abortion.

Reasoning: The case focuses on a wrongful birth claim, where plaintiffs assert that healthcare providers failed to detect a fetal defect (spina bifida) in time for them to make an informed choice about terminating the pregnancy.