ACUNA v. TURKISH


808 A.2d 149 (2002)

354 N.J. Super. 500

Rosa ACUNA, Administratrix ad Prosequendum of the Estate of Michael Doe (fictitious name of a real individual), deceased infant of Rosa Acuna, General Administratrix of the Estate of Michael Doe (fictitious name of a real individual), deceased infant of Rosa Acuna, and Rosa Acuna, individually, Plaintiffs-Appellants, v. Sheldon C. TURKISH, M.D., Obstetrical and Gynecological Group of Perth Amboy-Edison, a Partnership or P.C. organized under the State of New Jersey, Janet Jones, R.N. (a fictitious name of a real individual), Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 2002.


Attorney(s) appearing for the Case

Harold J. Cassidy, Holmdel, argued the cause for appellants (Cassidy, Messina & Laffey, attorneys; Mr. Cassidy, on the brief).

John Zen Jackson, Liberty Corner, argued the cause for respondents Sheldon C. Turkish, M.D. and Obstetrical-Gynecological Group of Perth Amboy-Edison (Kalison, McBride, Jackson & Murphy, attorneys; Mr. Jackson, on the brief).

Before Judges HAVEY, A.A. RODRIGUEZ and PAYNE.


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

This is a medical malpractice, informed consent case. The gravamen of the complaint, filed by plaintiff Rosa Acuna individually, and in her capacity as Administratrix of the Estate of "Michael Doe," is that defendant Dr. Sheldon C. Turkish (defendant), a medical doctor specializing in the field of obstetrics and gynecology, failed to obtain an informed consent from plaintiff before terminating her pregnancy...

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