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TOBIA v. COOPER MEDICAL CENTER

136 N.J. 335 (1994)

643 A.2d 1

SAM AND GIUDITTA TOBIA, PLAINTIFFS-APPELLANTS, v. COOPER HOSPITAL UNIVERSITY MEDICAL CENTER, CLIFFORD BERNSTEIN, ROBERT SWEENEY, D.O., MARSHA HYLL, M.D., EMILY CAREY, R.N., AND MICHAEL LYNCH, R.N., DEFENDANTS-RESPONDENTS, AND ANTHONY FIORILLO, M.D., VICKI CARR, R.N., JOHN DOE A, M.D., JOHN DOE B, D.O., JOHN DOE C, R.N., JOHN DOE D, L.P.N., AND JOHN DOE E, ORDERLY, DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 28, 1994.

Attorney(s) appearing for the Case

Eva H. Bleich argued the cause for appellants (Mattioni, Mattioni & Mattioni, attorneys; John Mattioni, on the brief).

Stacy L. Moore, Jr., argued the cause for respondents Cooper Hospital University Medical Center, Robert Sweeney, D.O., Emily Carey, R.N., and Michael Lynch, R.N. (Parker, McCay & Criscuolo, attorneys; Mary Ann C. O'Brien, on the brief).

Thomas F. Marshall argued the cause for respondent Clifford Bernstein, M.D.

Brian W. Hunkins argued the cause for respondent Marsha Hyll, M.D. (Dughi and Hewit, attorneys).

PER CURIAM.

This appeal concerns a class of medical patients whose inability to care for themselves may require an extra measure of care by health-care professionals. The medical professions recognize the existence of such a duty in the case of certain patients whose infirmity, be it the product of age, substance abuse, or mental derangement, may pose a danger of either intentional or unintentional self-injury. The issue before us is how to relate that infirmity of...

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