KAPLAN v. HAINES


96 N.J. Super. 242 (1967)

232 A.2d 840

JOHANNA KAPLAN AND SIDNEY KAPLAN, PLAINTIFFS-APPELLANTS, v. KEITH HAINES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 1967.


Attorney(s) appearing for the Case

Mr. Jerome S. Lieb argued the cause for appellants (Messrs. Harkavy & Lieb, attorneys).

Mr. William G. Bischoff argued the cause for respondent (Messrs. Taylor, Bischoff, Neutze & Williams, attorneys).

Before Judges GAULKIN, LEWIS and LABRECQUE.


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

This is a medical malpractice suit. Plaintiff Johanna Kaplan and her husband, Sidney Kaplan, who sued per quod, appeal from a judgment entered on a jury verdict of no cause for action in favor of defendant Keith Haines, an orthopedic surgeon. Their complaint was grounded on (a) defendant's alleged negligence in that he performed an unnecessary operation based upon an improper diagnosis and (b) the claim...

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