MURPHY v. IMPLICITO


920 A.2d 678 (2007)

392 N.J. Super. 245

David MURPHY and Marilyn Murphy, Plaintiffs-Appellants, v. Dante IMPLICITO, M.D., George Jacobs, M.D., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 18, 2007.


Attorney(s) appearing for the Case

Barry D. Epstein, Rochelle Park, argued the cause for appellants (Epstein Beirne, attorneys; Michael J. Epstein, on the brief).

Thomas B. Leyhane, New Brunswick, argued the cause for respondent, George B. Jacobs, M.D. (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Mr. Leyhane, of counsel and on the brief).

William S. Mezzomo, Springfield, argued the cause for respondent, Dante Implicito, M.D. (McDonough, Korn, Eichhorn & Schorr, attorneys; R. Scott Eichhorn, of counsel and on the brief).

Before Judges CUFF, WINKELSTEIN & FUENTES.


The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

Plaintiff, David Murphy, injured his back at work. He claims that contrary to his wishes, defendant doctors implanted cadaver ("allograft") bone in his spine during back surgery. In his complaint, he alleged medical negligence based on a lack of informed consent; battery; and breach of contract; and his wife, Marilyn Murphy, claimed a loss of consortium.1

The...

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