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CAPUTA v. ANTILES

296 N.J. Super. 123 (1996)

PETER CAPUTA AND PATRICIA CAPUTA, HIS WIFE, PLAINTIFFS-APPELLANTS, v. LEONARD ANTILES, M.D., THE MOUNTAINSIDE HOSPITAL, AND JOHN DOES (1-10), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1996.

Attorney(s) appearing for the Case

Bruce H. Nagel argued the cause for appellants (Nagel, Rice & Dreifuss, attorneys; Mr. Nagel, of counsel; Bruce H. Nagel and Robert H. Solomon, on the brief).

Scott B. Piekarsky argued the cause for respondents (De Yoe, Heissenbuttel & Mattia, attorneys; Mr. Piekarsky, of counsel, and on the brief).

Before Judges SHEBELL, PAUL G. LEVY and BRAITHWAITE.

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

In this medical malpractice action, tried before a jury, plaintiffs, Peter Caputa and his wife, Patricia, asserted negligence and lack of informed consent claims against defendant, Dr. Leonard Antiles, arising out of the care and treatment of Peter's kidney stone. The plaintiffs' motion for a directed verdict at the end of the case on the lack of informed...

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