Zieber v. Bogert

OPINION

ZAPPALA, Justice.

This appeal presents the issue of whether a plaintiff in a medical malpractice action may introduce, as an element of damages, evidence regarding his increased risk of recurrence of cancer. The Superior Court held that evidence of the future effects of a disease already contracted, such as the probability of metastasis of cancer, is a proper consideration for the jury when awarding damages. For the reasons that follow, we affirm.

On June 6, 1992, Robert Zieber experienced severe abdominal pain. His wife, a resident in obstetrics and gynecology, felt what appeared to be…