Reynolds v. Gonzalez

The opinion of the Court was delivered by

STEIN, J.

In this appeal, plaintiff contends that the Court should eliminate the substantial factor test in inereased-risk medical malpractice cases. See Scafidi v. Seiler, 119 N.J. 93, 574 A.2d 398 (1990); Evers v. Dollinger, 95 N.J. 399, 471 A.2d 405 (1984). We decline to do so. Instead, we modify the instructions on substantial factor causation in increased-risk cases to clarify plaintiffs burden of proof.

I

A

On September 19, 1992, plaintiff, who was then twenty-seven years old, sustained serious injuries to his left leg in a dirt-bike accident.…