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DRAPER v. JASIONOWSKI

858 A.2d 1141 (2004)

372 N.J.Super. 368

Patrick DRAPER, Plaintiff-Appellant, v. Edward A. JASIONOWSKI, Defendant-Respondent, and St. Peter's General Hospital, St. Peter's Medical Center, John Van Mater and Pierre-Louis, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 18, 2004.

Attorney(s) appearing for the Case

Seamus Boyle, Warren, argued the cause for appellant.

Jonathan S. Seligman argued the cause for defendant Edward Jasionowski (Buckley & Theroux, Princeton, attorneys; Mark A. Petraske, of counsel; Mr. Seligman, on the brief).

Before Judges KING, NEWMAN and HOLSTON, JR.

The opinion of the court was delivered by

HOLSTON, JR., J.A.D.

The issue on this appeal is one of first impression. We decide there exists an independent cause of action for an infant, on reaching his majority, against his mother's obstetrician, for prenatal injuries caused by his vaginal delivery when the physician failed to obtain his mother's informed consent prior to delivery. We reverse and remand for trial.

The facts are not in dispute. Plaintiff...

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