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ANDERSON v. PICCIOTTI

144 N.J. 195 (1996)

676 A.2d 127

BARBARA ANDERSON, PLAINTIFF-APPELLANT, v. DR. JOSEPH PICCIOTTI, DEFENDANT-RESPONDENT, AND ASSOCIATED PODIATRISTS, J/S/A, DEFENDANT.

The Supreme Court of New Jersey.

Decided May 23, 1996.

Attorney(s) appearing for the Case

Alan M. Lands argued the cause for appellant.

Robert E. Paarz argued the cause for respondent (Paarz, Master & Koernig attorneys; Mary Ann C. O'Brien, on the brief).

The opinion of the court was delivered by COLEMAN, J.

The critical issue raised in this medical malpractice case involving the amputation of a toe is whether the jury should have been instructed in accordance with the enhanced risk standard of causation explicated in Scafidi v. Seiler, 119 N.J. 93, 574 A.2d 398 (1990). After the trial court denied defendant's request for an enhanced risk instruction...

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