Malpractice Lawsuit Over Infertility
A state appeals court on Tuesday reinstated a malpractice suit against an oncologist who failed to tell a leukemia patient that chemotherapy would cause infertility and that he could have banked his sperm before treatment began. A Middlesex County judge erroneously dismissed the suit on summary judgment on the ground that the plaintiff was not alleging emotional distress, the Appellate Division held in Brodsky v. Osunkwo, A-4195-10. New Jersey has recognized disability and impairment as a separate cause of action for medical malpractice claims, the panel said.
MALPRACTICE CLAIM MAY BE FOUNDED ON INFERTILITY CAUSED BY CANCER TREATMENT
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