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SCAFIDI v. SEILER

119 N.J. 93 (1990)

574 A.2d 398

JAMIE DERRICOTT SCAFIDI AND ANTHONY SCAFIDI, INDIVIDUALLY AS ADMINISTRATORS AD PROSEQUENDUM AND GENERAL ADMINISTRATORS FOR THE ESTATE OF DANIELLE SCAFIDI, DECEASED, PLAINTIFFS-RESPONDENTS, v. F.U. SEILER, M.D., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 24, 1990.

Attorney(s) appearing for the Case

Richard A. Grossman argued the cause for appellant (Grossman & Kruttschnitt, attorneys; Richard A. Grossman and Thomas J. Heavey, on the brief).

Benjamin N. Cittadino argued the cause for respondents (Pellettieri, Rabstein and Altman, and Devlin, Cittadino & Shaw, attorneys).

Joan Bannan Lorio submitted a brief on behalf of amicus curiae, New Jersey Medical Malpractice Reinsurance Association (Francis & Berry, attorneys; Hugh P. Francis, of counsel; Joan Bannan Lorio and Sean P. Buckley, on the brief).

The opinion of the Court was delivered by STEIN, J.

In this medical malpractice case, the proofs presented as a factual issue whether the defendant's failure properly to treat and arrest Jamie Scafidi's early labor proximately caused the premature birth and death of her infant child. The trial court declined plaintiffs' request that it instruct the jury on causation in accordance with the "increased risk" standard authorized by our opinion in Evers v. Dollinger...

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