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FISCHER v. CANARIO

277 N.J. Super. 302 (1994)

649 A.2d 875

JERRY FISCHER, ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF RACHEL FISCHER, DECEASED, PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. ARTHUR T. CANARIO, M.D., DEFENDANT-APPELLANT-CROSS-RESPONDENT, AND NORMAN MAGID, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 1994.

Attorney(s) appearing for the Case

Peter A. Green argued the cause for appellant-cross-respondent (Sachs, Maitlin, Fleming, Greene & Wilson, attorneys; William H. Michelson, of counsel and on the brief).

Thomas R. Chesson argued the cause for respondent-cross-appellant (Porzio, Bromberg & Newman, attorneys; Mr. Chesson, of counsel; William A. Krais, on the brief).

John D. North argued the cause for defendant-respondent Norman Magid, M.D. (Mackenzie, Welt, Maher, North & Weeks, attorneys; Mr. North, on the letter brief).

Before Judges PETRELLA, BROCHIN and CUFF.

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

In June 1987, Rachel Fischer, plaintiff's decedent, was diagnosed as suffering from metastatic lung cancer. She underwent radiation therapy and two cycles of chemotherapy. As the result of her condition and the therapy to which she submitted herself, she suffered a loss of appetite, severe nausea, and the loss of all of her hair. She experienced anemia and general weakness. Ultimately, she suffered from brain...

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