Frank Reynolds, Plaintiff-Appellant v. Mario D. Gonzalez, M.D., a Licensed Physician of the State of New Jersey…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial, holding that the substantial factor test remains valid in increased‑risk medical malpractice cases but must be clarified to reflect the plaintiff’s burden of proving an increased risk and that the increased risk was a substantial factor. The Court also ordered that the trial court give a modified jury instruction explaining the significance of the term “substantial factor.” The concurring/dissenting justices agreed with the modification but argued the second trial’s charge was adequate and the case should not be retried.