Olah v. Slobodian

The opinion of the Court was delivered by

STEIN, J.

In this case, as in Scafidi v. Seiler, 119 N.J. 93, 574 A.2d 398 (1990), also decided today, we consider application of the doctrine of increased risk, see Evers v. Dollinger, 95 N.J. 399, *122471 A.2d 405 (1984), in medical-malpractice litigation. The primary issue in this appeal is the correctness of the trial court’s instruction to the jury on the causal relationship between the alleged negligence of the defendant-physicians and the patient’s death. The trial court instructed the jury that proximate cause would be established if it found…