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C.W. v. COOPER HEALTH SYSTEM

906 A.2d 440 (2006)

388 N.J. Super. 42

C.W., as Father of J.W., a Minor and in His Own Right, and E.Y., as Mother of J.W., a Minor and in Her Own Right., Plaintiffs-Appellants, v. The COOPER HEALTH SYSTEM, d/b/a Cooper Hospital/University Medical Center, Edison Catalano, M.D. and Anthony Sherman, M.D., Defendants-Respondents, and David Gerber, M.D., G. Haddad, M.D., and Bruce B. Cunningham, M.D., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 10, 2006.

Attorney(s) appearing for the Case

Gayle R. Lewis, Bryn Mawr, PA, argued the cause for appellants (Ms. Lewis and Matthew D. Schelkopf, on the brief).

Stacy L. Moore, Jr. argued the cause for respondent The Cooper Health System d/b/a Cooper Hospital/University Medical Center (Parker McCay, attorneys; Carolyn Sleeper, Marlton, of counsel; Mr. Moore, on the brief).

Joel B. Korin argued the cause for respondent Edison Catalano, M.D. (Ballard Spahr Andrews & Ingersoll, attorneys; Mr. Korin and Paul F. Jenkins, Voorhees, on the brief).

Sharon K. Galpern, Voorhees, argued the cause for respondent Anthony Sherman, M.D. (Stahl & DeLaurentis, attorneys; Ms. Galpern, on the brief).

Britcher, Leone & Roth, attorneys for amicus curiae ATLA-NJ (E. Drew Britcher, Glen Rock, and Jessica E. Choper, on the brief).

Before Judges WEFING, FUENTES and GRAVES.

The opinion of the court was delivered by

FUENTES, J.A.D.

The principal issue raised in this appeal requires us to determine whether a physician and/or hospital can be held civilly liable in damages to an individual who contracted the human immunodeficiency virus ("HIV") from a former patient who was not informed of the results of an HIV test ordered by the physicians responsible for the patient's care. We now hold that a health care provider, who orders an...

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