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FARINA v. KRAUS

754 A.2d 1215 (1999)

333 N.J. Super. 165

Joseph K. FARINA, Executor of the Estate of Marie Farina, Deceased, and Joseph Farina, Individually, Plaintiff-Respondent, v. Elliott M. KRAUS, M.D., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1999.

Attorney(s) appearing for the Case

Melvin Greenberg, Newark, argued the cause for appellant (Greenberg Dauber Epstein & Tucker, attorneys; Mr. Greenberg and Michael H. Freeman, on the brief).

Bard L. Shober argued the cause for respondent (Weiss & Shober, attorneys; Mr. Shober, on the brief).

Before Judges KING, KLEINER and PAUL G.LEVY.

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

I

This is a medical malpractice case premised on negligent diagnosis and treatment of bladder cancer. Plaintiff's wife Marie Farina (Farina) eventually died as a result of a claimed failure to diagnose and treat a "transitional cell carcinoma" of the bladder. Plaintiff recovered a net verdict of $136,000 in this wrongful death and survival action. We conclude that trial error requires a new trial on...

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