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LINDENMUTH v. ALPERIN

197 N.J. Super. 385 (1984)

484 A.2d 1316

WILLIAM LINDENMUTH AND KAREN LINDENMUTH, INDIVIDUALLY AND AS ADMINISTRATORS AD PROSEQUENDUM OF THE ESTATE OF ROBERT WILLIAM LINDENMUTH, DECEASED, PLAINTIFFS, v. MARTIN ALPERIN, M.D., THOMAS E. BAUMLIN, JR., M.D., RIVERVIEW HOSPITAL ASSOCIATION, JOHN DOE, M.D. (A FICTITIOUS NAME), DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided June 25, 1984.

Attorney(s) appearing for the Case

Thomas J. Demarest for plaintiffs.

Steven F. Nemeth for defendant Alperin (Orlovsky, Grasso & Orlovsky, attorneys).

Joel A. Greenberg for defendant Baumlin (Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys).

Anthony Luongo for defendant Riverview Hospital Association (Luongo & Catlett, attorneys).

THOMAS, J.S.C.

In this medical malpractice case, defendants seek summary judgment dismissal of plaintiffs' claim for emotional damages. On September 9, 1981, plaintiff Karen Lindenmuth was admitted to the hospital and delivered a son who died three days later from an intestinal obstruction. Defendants are alleged to be negligent because of their failure to diagnose and thereafter treat this obstruction. The critical question is whether misdiagnosis was an event observed...

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