WHITE v. MATTERA


814 A.2d 627 (2003)

175 N.J. 158

Douglas WHITE, Administrator of the Estate of Tracy White, Deceased and Douglas White, in his own right, Plaintiff-Respondent, v. Alfred MATTERA, D.O., William Madison, D.O., Daniel Abesh, D.O., John Doe, Mary Doe and James Doe, Defendants, and Cooper Hospital/University Medical Center, Defendant-Appellant.

Supreme Court of New Jersey.

Decided February 5, 2003.


Attorney(s) appearing for the Case

Elena B. Zuares argued the cause for appellant (Parker, McCay & Criscuolo, attorneys; Stacy L. Moore, Jr., Marlton, of counsel).

Lawrence R. Cohan argued the cause for respondent (Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, attorneys).


The opinion of the Court was delivered by ZAZZALI, J.

In this appeal we must determine whether the hospital liability limit of $10,000, subsequently revised to $250,000 in 1991, N.J.S.A. 2A:53A-8, applies when the alleged malpractice of a nonprofit hospital occurs in 1986, but its patient does not suffer harm from that malpractice until 1996. The trial court held that the lower limit applied because "the conduct complained...

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