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McLEAN v. LIBERTY HEALTH SYSTEM

No. A-1793-11T4.

62 A.3d 922 (2013)

430 N.J. Super. 156

Lisa McLEAN, Administratrix ad Prosequendum of the Estate of Kevin McLean, and Lisa McLean, Individually, Plaintiff-Appellant, v. LIBERTY HEALTH SYSTEM, Greenville Hospital, and A. Khan, M.D., Defendants-Respondents, and Jersey City Medical Center, Manuel Aragones, M.D. and Surriaya Khanum, M.D., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 2013.

Attorney(s) appearing for the Case

Drazin and Warshaw, P.C., attorneys for appellant ( John R. Connelly, Jr. , Redbank, on the brief).

Wahrenberger & Pietro, L.L.P., attorneys for respondents, Liberty Health System and Greenville Hospital ( Judith A. Wahrenberger , of counsel; Lindsay B. Beaumont , on the brief).

James B. Sharp & Associates, L.L.C., Parsippany, attorneys for respondent, A. Khan, M.D. (Mr. Sharp , of counsel and on the brief; Peter Espey , on the brief).

Before Judges FUENTES, ASHRAFI and HAYDEN.

The opinion of the court was delivered by ASHRAFI, J.A.D.

An undetected infection left a sixteen-year-old boy paralyzed and allegedly led to his death. Plaintiff, who is the boy's mother and the administratrix of his estate, filed a medical malpractice lawsuit claiming that an emergency medical doctor who treated her son twice within three days should have discovered the infection. Defendants contended that the patient's symptoms gave the doctor no reason to suspect...

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