COGDELL v. HOSPITAL CENTER AT ORANGE


116 N.J. 7 (1989)

560 A.2d 1169

MALESHA COGDELL, AN INFANT BY HER GUARDIAN AD LITEM, RUTH COGDELL, AND RUTH COGDELL, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. HOSPITAL CENTER AT ORANGE, EDWARD HEALY, ADMINISTRATOR, ARTHUR DUNN, PRESIDENT, L. CHARLES JONES, M.D., AND MARGARET ANN HIGGENS, R.N., DEFENDANTS-APPELLANTS, AND ROSARIO P. FERNANDO, M.D., ALAN T. PINDERHUGHES, M.D., LILIA RIVERA, R.N., JOHN DOE (FICTITIOUS NAME), RICHARD ROE (FICTITIOUS NAME), JOHN SMITH (FICTITIOUS NAME), RICHARD JONES (FICTITIOUS NAME), JOHN BROWN (FICTITIOUS NAME), MARY WHITE (FICTITIOUS NAME), JANE DOE (FICTITIOUS NAME), MARY SMITH (FICTITIOUS NAME), JANE BLACK (FICTITIOUS NAME) AND KAREN ROE (FICTITIOUS NAME), DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 24, 1989.


Attorney(s) appearing for the Case

John J. Francis, Jr., argued the cause for appellants (Shanley & Fisher, attorneys; Michael D. Quinlan, on the brief).

Carol L. Forte argued the cause for respondents (Blume, Vazquez, Goldfaden, Berkowitz, Oliveras & Donnelly, attorneys).


The opinion of the Court was delivered by HANDLER, J.

In this case, Ruth Cogdell, while under the care of Dr. Brown, an obstretrician, gave birth by an emergency cesarean section. The baby suffered permanent injuries at or shortly after her birth. She was diagnosed as having cerebral palsy of the severest spastic quadriparetic type with microcephaly and mental retardation.1 Mrs. Cogdell instituted...

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