VERDICCHIO v. RICCA


843 A.2d 1042 (2004)

179 N.J. 1

Kathleen VERDICCHIO and Vincent Verdicchio, Individually and as Executors of the Estate of Stephen Verdicchio, Plaintiffs-Appellants and Cross-Respondents, v. Anthony RICCA, M.D. and Hazlet Health Care, Defendants-Respondents and Cross-Appellants.

Supreme Court of New Jersey.

Decided March 15, 2004.


Attorney(s) appearing for the Case

Philip G. Auerbach, Red Bank, argued the cause for appellants and cross respondents (Auerbach & Ryan, attorneys).

Richard A. Grossman, Brick, argued the cause for respondents and cross appellants (Grossman, Kruttschnitt, Heavey & Jacob, attorneys; Mr. Grossman and Thomas J. Heavey, on the briefs).


Justice LONG delivered the opinion of the Court.

On appeal in this medical malpractice case, we revisit the thorny problem of assessing proximate cause in the context of harm generated by concurrent forces. More particularly, we are called on to apply the increased risk doctrine in a case alleging failure to diagnose cancer. On the facts before us, it is not known whether the cancer had metastasized at the time of the deviation...

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