BAPTISTA v. SAINT BARNABAS MEDICAL CENTER


109 N.J. Super. 217 (1970)

262 A.2d 902

MARIE C. BAPTISTA, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF LEOPOLDO A. BAPTISTA, DECEASED, PLAINTIFF-APPELLANT, v. SAINT BARNABAS MEDICAL CENTER, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Supplemental Briefs Filed December 3, 1969.

Decided March 13, 1970.


Attorney(s) appearing for the Case

Mr. Gerald W. Conway argued the cause for appellant (Messrs. Schreiber and Lancaster, attorneys).

Mr. Wilbur A. Stevens argued the cause for respondent (Messrs. Stevens and Mathias, attorneys).

Before Judges CONFORD, COLLESTER and KOLOVSKY.


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

During a period beginning some six months prior to May 1963 Leopoldo A. Baptista had been treated by Dr. Zins for hypertension. During the night of May 4, 1963 he became seriously ill and when Mrs. Baptista reported his symptons to Dr. Zins the next day, the doctor suggested immediate hospitalization. Leopoldo entered defendant hospital on Sunday, May 5, 1963.

Tests revealed a serious malfunctioning...

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