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CHIN v. ST. BARNABAS MED. CENTER

312 N.J. Super. 81 (1998)

THE ESTATE OF ANGELINA A. CHIN BY ROBERT CHIN AS ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF ANGELINA A. CHIN, AND ROBERT CHIN, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. ST. BARNABAS MEDICAL CENTER, IMMACULA LOUISCHARLES, TERESA LEIB, AND NANCY HOFGESANG, DEFENDANTS-RESPONDENTS, AND DR. HERBERT GOLDFARB, DEFENDANT-APPELLANT, AND C.R. BARD, INC., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 27, 1998.

Attorney(s) appearing for the Case

Melvin Greenberg, argued the cause for appellant (Greenberg, Dauber & Epstein, attorneys; Mr. Greenberg and Jeffrey Berkowitz, on the brief).

Harold A. Sherman, argued the cause for respondent Estate of Angelina A. Chin (George W. Conk, of counsel and on the brief).

George J. Kenny, argued the cause for respondents St. Barnabas Medical Center, Immacula Louis-Charles, Teresa Leib and Nancy Hofgesang (Connell, Foley & Geiser, attorneys; Mr. Kenny, of counsel; Ernest W. Schoellkopff, on the brief).

Before Judges D'ANNUNZIO, RODRIGUEZ and COBURN.

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

This claim arises out of the tragic and avoidable death of Angelina Chin during a hysteroscopy, a diagnostic procedure in which death is not an anticipated risk. The trial court submitted the case to the jury under the principles announced in Anderson v. Somberg, 67 N.J. 291, 338 A.2d 1

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