BETANCOURT v. TRINITAS HOSP.

Docket No. A-3849-08T2

1 A.3d 823 (2010)

415 N.J. Super. 301

Jacqueline BETANCOURT, Plaintiff-Respondent, v. TRINITAS HOSPITAL, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 13, 2010.


Attorney(s) appearing for the Case

Gary L. Riveles argued the cause for appellant (Dughi & Hewit, attorneys; Michael J. Keating, Cranford, of counsel; Mr. Riveles, on the brief).

Todd Drayton, East Brunswick, argued the cause for respondent (Martin, Kane & Kuper, LLC, attorneys; Mr. Drayton, on the brief).

John Zen Jackson argued the cause for amici curiae, NJ Hospital Association, Catholic HealthCare Partnership of New Jersey and Medical Society of New Jersey (Kalison, McBride, Jackson & Hetzel, P.C., attorneys; Mr. Jackson, of counsel; Mr. Jackson and James A. Robertson, Warren, on the brief).

Anne L.H. Studholme argued the cause for amici curiae, Not Dead Yet, Adapt, Center For Self-Determination, National Council On Independent Living, National Spinal Cord Injury Association, American Association of People With Disabilities and Disability Rights of New Jersey (A.L. Holloway Studholme, LLC, and Stephen F. Gold of the California Bar, admitted pro hac vice, attorneys; Ms. Studholme, of counsel; Ms. Studholme and Mr. Gold, on the brief).

Larry S. Loigman, Middletown, argued the cause for amicus curiae Rabbinical Council of America, Agudath Israel of America, and National Council of Young Israel (Larry S. Loigman, attorney; Benjamin G. Kelsen, Teaneck, of counsel; Mr. Loigman, on the brief).

Thaddeus M. Pope of the California Bar, admitted pro hac vice, argued the cause for amicus curiae Thaddeus M. Pope (Martin, Kane & Kuper, LLC, and Mr. Pope, attorneys; Todd Drayton, East Brunswick, and Mr. Pope, of counsel and on the brief).

Rebecca M. Urbach, attorney for amicus curiae Greater New York Hospital Association.

Kern, Augustine, Conroy & Schoppmann, P.C., attorneys for amicus curiae NJ Physicians, Inc. (Steven I. Kern, of counsel; Mr. Kern and Svetlana Ros, Bridgewater, on the brief).

Before Judges CARCHMAN, PARRILLO and ASHRAFI.


PER CURIAM.

Rueben Betancourt1 underwent surgery at defendant Trinitas Hospital (defendant, the hospital or Trinitas) to remove a malignant tumor from his thymus gland. The surgery went well, but while Rueben was recovering in the post-operative intensive care unit, the ventilation tube that was supplying him with oxygen became dislodged. As a result, his brain was deprived of oxygen, and he developed anoxic encephalopathy, a condition...

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