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Adult child may bring informed consent claim for birth injuries.

Publication: Trial
Publication Date: 01-FEB-05
Format: Online - approximately 824 words
Delivery: Immediate Online Access
Full Article Title: Adult child may bring informed consent claim for birth injuries.(New Jersey)

Article Excerpt
A person injured during birth can file a claim for damages after reaching the age of majority, the New Jersey Superior Court Appellate Division has ruled. (Draper v. Jasionowski, 858 A.2d 1141 (NJ. Super: Ct. App. Div. 2004).)

The decision reinstates the claims of a man who, nearly 20 years after he was born, sued his mother's obstetrician for injuries he suffered when the doctor did not obtain his mother's informed consent to deliver him vaginally rather than by cesarean section.

"This case established that there is a duty, owed directly to the child," said Seamus Boyle of Warren, New Jersey, who represented Patrick Draper. "And the mother should have been given the right to make an informed choice [about the method...

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