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FRAME v. KOTHARI

115 N.J. 638 (1989)

560 A.2d 675

DONNA FRAME, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ARIK FRAME, DECEASED, AND DONNA FRAME AND CHARLES FRAME, INDIVIDUALLY AND IN THEIR OWN RIGHT, PLAINTIFFS-APPELLANTS, v. DR. N. KOTHARI, M.D.; HEALTH CARE PLAN OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 20, 1989.

Attorney(s) appearing for the Case

Gary D. Ginsberg argued the cause for appellants (Friedman, Bafundo, Ginsberg & Porter, attorneys).

Richard A. Grossman argued the cause for respondents (Grossman & Kruttschnitt, attorneys; Barbara Ann Jacob, on the brief).

The opinion of the Court was delivered by POLLOCK, Justice.

The primary issue on this appeal is whether the parents of a child whose death is caused by medical misdiagnosis may maintain a claim against the negligent doctor for the infliction of their emotional distress. In the Law Division, the jury awarded the parents $10,000 for the wrongful death of the child and $500 each for their emotional distress. The Appellate Division affirmed the wrongful-death award and...

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