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GOLINSKI v. HACKENSACK MEDICAL CTR.

298 N.J. Super. 650 (1997)

IRENE GOLINSKI, PLAINTIFF-RESPONDENT, AND MACIEJ GOLINSKI, PLAINTIFF, v. HACKENSACK MEDICAL CENTER, DR. M. CONLEY, BAKHTAVER IRANI, M.D., KLAIRE DOYLE ARCHER, S.T., LINDA DE JONGHE BRUNO, R.N., JOHN DOES AND ABC CORPORATIONS, (FICTITIOUS NAMES FOR UNKNOWN PERSONS AND/OR ENTITIES), DEFENDANTS, AND ELIZABETH DEL ROSARIO, M.D., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1997.

Attorney(s) appearing for the Case

Leonard A. Weitzman argued the cause for appellant (Weitzman & Weitzman, attorneys; Mr. Weitzman on the brief).

Jane S. Kelsey argued the cause for respondent (Reiseman & Sharp, attorneys; Ms. Kelsey of counsel and on the brief).

No other parties participated in this appeal.

Before Judges SKILLMAN, A.A. RODRIGUEZ and CUFF.

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

In this medical malpractice case, we must determine whether the jury should have been instructed in accordance with the increased risk of harm standard of causation of Scafidi v. Seiler, 119 N.J. 93, 574 A.2d 398 (1990). Because defendant did not establish that plaintiff suffered from a pre-existing condition, we conclude that the trial judge...

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