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DOE v. ARTS

823 A.2d 855 (2003)

360 N.J. Super. 492

John DOE (a pseudonym), Plaintiff-Respondent, v. Paul ARTS, M.D., Defendant Appellant, and Raritan Bay Medical Center, Defendant-Respondent, and University of Medicine and Dentistry of New Jersey, Robert Wood Johnson Medical School; University Diagnostic Laboratories; Robert Wood Johnson University Hospital; David Gocke, M.D.; Girish K. Patel, M.D.; John Middleton, M.D.; and Mary Ann Quadrell, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 2003.

Attorney(s) appearing for the Case

McDonough, Korn & Eichhorn, Springfield, for appellant (James R. Korn, of counsel; William S. Mezzomo, on the brief).

Levinson Axelrod, Edison and Robert K. Jenner, Rockville, MD (Janet, Willoughby, Gershon, Getz & Jenner) of the Maryland bar, admitted pro hac vice, for respondent John Doe (Mark V. Kuminski, Edison, on the brief, and Mr. Jenner, of counsel and on the brief).

Before Judges STERN, COBURN and COLLESTER.

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

Plaintiff filed this action against defendants Paul Arts, M.D. ("Arts"), the Raritan Bay Medical Center ("Raritan Bay") and others, alleging that, in 1991, following a blood test for the Human Immunodeficiency Virus ("HIV"), he was incorrectly and negligently informed by Dr. Arts that he was HIV-positive when in fact he was not, and that his case was subsequently mishandled...

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