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 affirmed that the substantial factor test remains the proper causation standard in increased‑risk medical malpractice cases, but clarified that the plaintiff must first prove that the defendant's negligence increased the risk of harm and then the jury decides whether that increased risk was a substantial factor; the Court reversed the Appellate Division and remanded for a new trial with modified jury instructions. Justice Verniero and Justice LaVECCHIA, concurring in part and dissenting in part, argued that the existing charge was adequate and that a new trial was unnecessary.