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TINDAL v. SMITH

299 N.J. Super. 123 (1997)

DEBORAH TINDAL AND TOM TINDAL, PLAINTIFFS-APPELLANTS, v. JOHN SMITH, D.P.M., JOHN FREDA, M.D., AND SOUTH BRUNSWICK FAMILY PRACTICE, DEFENDANTS-RESPONDENTS, AND `JOHN' JORGENSEN, M.D., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1997.

Attorney(s) appearing for the Case

Arthur G. Nevins, Jr., argued the cause for appellants (Mr. Nevins, on the brief and reply brief).

Ann Marie Vaurio argued the cause for respondents John Freda, M.D., and South Brunswick Family Practice (Jackson, Vaurio & Buckley, attorneys; Ms. Vaurio, on the brief).

Dughi and Hewit, for respondent John Smith (Christopher J. Christie and Gary L. Riveles, on the brief).

Before Judges PRESSLER, STERN and HUMPHREYS.

The opinion of the court was delivered by STERN, J.A.D.

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 developed Reflex Sympathetic Dystrophy (RSD) as a result of surgery that should not have been performed and, in any...

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