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GOULD v. WINOKUR

104 N.J. Super. 329 (1969)

250 A.2d 38

ELMER GOULD, PLAINTIFF-APPELLANT, v. GERALD WINOKUR, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 1969.

Attorney(s) appearing for the Case

Mr. Seymour B. Jacobs argued the cause for appellant (Messrs, Balk, Jacobs, Goldberger & Mandell, attorneys).

Mr. H. Curtis Meanor argued the cause for respondent (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys).

Before Judges CONFORD, KILKENNY and LEONARD.

The opinion of the court was delivered PER CURIAM.

This medical-surgical malpractice case was tried before a jury. The claim of negligent performance of the surgery was involuntarily dismissed, on defendant's motion, at the close of plaintiff's case. The issues of whether plaintiff had given his "informed consent" to the operation and whether defendant failed to give proper pre-operative and post-operative care were submitted to the jury at the close of all the proofs...

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