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HERRARA v. ATLANTIC CITY SURG. GP.

277 N.J. Super. 260 (1994)

649 A.2d 637

LOURDES G. HERRARA AND BUENAVENTURA R. HERRARA, PLAINTIFFS, v. ATLANTIC CITY SURGICAL GROUP, P.A.; MORTON A. ROSENBLATT, M.D.; ISLAND MEDICAL GROUP; JOHN A. LINSK, M.D.; AUSTIN J. GERBER, D.O.; HARRY A. SWEENEY, D.O.; ATLANTIC CITY MEDICAL CENTER; VINCENT AZARCON, M.D.; JOHN DOE I THROUGH JOHN DOE VI, FICTITIOUS NAMES, J/S/A, DEFENDANTS.

Superior Court of New Jersey, Law Division Atlantic County.

Decided June 9, 1994.

Attorney(s) appearing for the Case

Jerry C. Goldhagen for plaintiffs.

James H. Moody for defendants A.C. Surgical Group, Island Medical Group and Morton A. Rosenblatt, M.D. (Orlovsky, Moody Schaaf & Gabrysiak, attorneys).

Dominic A. DeLaurentis, Jr. for defendant John A. Linsk, M.D. (Stanley P. Stahl, attorneys).

Donald J. Grasso, for defendants Austin J. Gerber, D.O. and Harry A. Sweeney, D.O. (Orlovsky, Grasso & Bolger, attorneys).

WINKELSTEIN, J.S.C.

This is a medical malpractice case. The issue is whether a referring physician has a duty to obtain the patient's informed consent to surgery that is to be performed by another doctor. In other words, plaintiff claims that the referring doctors were under a duty to explain to her all of the material risks and options available to her, even though her surgery was to be performed by another physician.

The issue is before the court on a motion...

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