GALLAGHER v. BURDETTE-TOMLIN MEM. HOSP.


747 A.2d 262 (2000)

163 N.J. 38

Anna GALLAGHER and Thomas Gallagher, h/w, Plaintiffs-Respondents, v. BURDETTE-TOMLIN MEMORIAL HOSPITAL; Alexander M. Pagnani, M.D.; Gene J. Braga, M.D.; Pagnani-Braga Urologic Associates, P.A.; Robert Steeb, M.D.; West Jersey Hospital Systems,—Voorhees Division; South Jersey Radiology Associates; W. Weisberg, M.D.; Cape Emergency Physicians; Mark J. Todt, M.D.; Robert J. Maro, M.D.; John Does 1 TO 3; and John Does Associates (business entities) 1,2,3 and 6, Defendants, and Howard R. Goldstein, M.D.; Neil Phillips, M.D.; and Urological Professional Association, Defendants-Appellants.

Supreme Court of New Jersey.

Decided February 16, 2000.


Attorney(s) appearing for the Case

Melvin Greenberg, for defendants-appellants (Greenberg Dauber Epstein & Tucker, Newark and Stahl & DeLaurentis, attorneys, Mount Laurel).

Gregory P. Saputelli, Haddonfield, for plaintiffs-respondents (Obermayer, Rebmann, Maxwell & Hippel, attorneys; Mr. Saputelli and Kimberly D. Sutton, on the brief).

William L. Gold, South Orange, for amicus curiae Association of Trial Attorneys-New Jersey (Brown & Gold, attorneys; Mr. Gold and Abbott S. Brown, on the brief).

Herbert J. Stern, Roseland, submitted a brief on behalf of amicus curiae the Medical Society New Jersey (Stern & Greenberg, attorneys).


The opinion of the Court was delivered by O'HERN, J.

This case, like Mancuso v. Neckles, 163 N.J. 26, 747 A.2d 255 (2000), also decided today, involves the application of the discovery rule to a claim of medical malpractice that would otherwise be barred by the statute of limitations. The principles that we apply are set forth in that opinion. Briefly stated, this case involves surgery that was...

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