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ACUNA v. TURKISH

930 A.2d 416 (2007)

192 N.J. 399

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

Supreme Court of New Jersey.

Decided September 12, 2007.

Attorney(s) appearing for the Case

John Zen Jackson, Warren, argued the cause for appellants (Kalison, McBride, Jackson & Murphy, attorneys; Mr. Jackson and Leonardo M. Tamburello, on the briefs).

Harold J. Cassidy argued the cause for respondent (Harold J. Cassidy & Associates, attorneys; Mr. Cassidy, Robert W. Ruggieri and Thomas J. Viggiano, III, on the briefs).

Susan Talcott Camp, Trenton, argued the cause for amici curiae American Civil Liberties Union and American Civil Liberties Union of New Jersey (Edward L. Barocas, attorney; Ms. Camp, Mr. Barocas and Brigitte A. Amiri, a member of the New York bar, on the brief).

E. Drew Britcher, Glen Rock, submitted a brief on behalf of amicus curiae New Jersey Obstetric and Gynecology Society (Britcher, Leone & Roth, attorneys; Mr. Britcher and Jessica E. Choper, on the brief).

Justice ALBIN delivered the opinion of the Court.

Plaintiff Rosa Acuna filed a malpractice action against Dr. Sheldon Turkish, her obstetrician-gynecologist, claiming that she did not give him informed consent to perform a procedure terminating her pregnancy. In her complaint, plaintiff specifically alleges that Dr. Turkish breached a duty owed to her by failing to inform her of "the scientific and medical fact that [her six- to eight-week-old embryo] was a complete...

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