Supreme Court of New Jersey

Joseph Howard and Marie Howard, Plaintiffs-Respondents v. University of Medicine and Dentistry of New Jersey, Dr…

June 18, 2002172 N.J. 537

Summary

The Supreme Court of New Jersey held that a fraud claim based on a physician's misrepresentation of credentials is not available, but the plaintiff may pursue a claim for lack of informed consent if the misrepresentations are material to a reasonable patient's decision. The Court reversed the portion of the lower court permitting a fraud claim and remanded for amendment to assert an informed consent claim.