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FRAME v. KOTHARI

212 N.J. Super. 498 (1985)

515 A.2d 810

DONNA FRAME, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ARIK FRAME, DECEASED AND DONNA FRAME AND CHARLES FRAME, INDIVIDUALLY AND IN THEIR OWN RIGHT v. N. KOTHARI, M.D., HEALTH CARE PLAN OF NEW JERSEY, JOHN DOE, M.D., (A FICTITIOUS NAME), AS MEDICAL SUPERVISOR, JANE DOE(S), R.N., (FICTITIOUS NAMES) AS ATTENDING NURSES, AND JANE DOE, R.N. (A FICTITIOUS NAME) AS NURSING SUPERVISOR, INDIVIDUALLY, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE.

Superior Court of New Jersey, Law Division Camden County.

Decided October 11, 1985.

Attorney(s) appearing for the Case

Nathan A. Friedman, for plaintiffs; Gary D. Ginsberg (on the brief).

Jayne Piarulli and Gary Piserchia (Parker, McKay & Criscuolo) for defendants N. Kothari, M.D. and Health Care Plan of N.J.

WEINBERG, J.S.C.

Defendant brings this motion for partial summary judgment to dismiss plaintiffs' claims for negligent infliction of emotional distress. These claims arise out of medical treatment prescribed by defendant for plaintiffs' decedent son that allegedly caused their son's death. At issue is whether a physician's misdiagnosis was an event perceived by the parents in order to establish a prima facie case for negligent infliction of emotional distress under...

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