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ROSES v. FELDMAN

257 N.J. Super. 214 (1992)

608 A.2d 383

SHIRLEY ROSES, INDIVIDUALLY AND AS ADMINISTRATRIX AD PROSEQUENDUM FOR THE HEIRS AT LAW AND ESTATE OF MIRIAM ROSES, DECEASED, PLAINTIFF-RESPONDENT, v. DR. MORRIS B. FELDMAN, DEFENDANT-APPELLANT, AND DR. LEO LEVITOV, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1992.

Released for Publication July 9, 1992.

Attorney(s) appearing for the Case

Judith A. Heim argued the cause for appellant (Carella, Byrne, Bain, Gilfillan, Cecchi & Stewart, attorneys; Judith A. Heim, on the brief).

Gerard J. Gilligan argued the cause for respondent (Goldstein, Ballen, O'Rourke & Wildstein, attorneys; Gerard J. Gilligan, on the brief).

Before Judges J.H. COLEMAN and BILDER.

The opinion of the court was delivered by BILDER, J.A.D.

This is a medical malpractice action. Plaintiff generally claimed that defendant Dr. Morris Feldman was negligent in a failure to order chest x-rays when he treated plaintiff's decedent for a cough; that the negligence delayed the diagnosis and treatment of lung cancer; and that this resulted in a lost chance of a better prognosis and, perhaps, survival. Following a four day trial, the jury found that defendant...

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