Gradel v. Inouye

OPINION

KAUFFMAN, Justice.

This is an appeal from an order of the Superior Court reversing judgment for appellants 1 in a medical malpractice action and remanding for a new trial. The principal issues presented are: (1) the degree of certainty required to establish proximate cause when negligent performance of an undertaking to render medical services is alleged to be a substantial factor in producing physical harm, and (2) in assessing damages, the extent to which a jury properly may consider the increased risk of future metastasis 2 caused by the negligent failure to diagnose and remove a…