Tindal v. Smith

The opinion of the court was delivered by

STERN, J.AD.

This is another difficult case involving a claim of medical malpractice impacted by a pre-existing condition and assertions that the patient’s health habits (specifically excessive smoking) contributed to her condition. Plaintiff contends that she devel*125oped Reflex Sympathetic Dystrophy (RSD) as a result of surgery that should not have been performed and, in any event, was negligently performed. We affirm the judgment for defendants.

Plaintiffs Deborah and Tom Tindal appeal from a judgment of “no cause for action” based on a verdict in favor…