Kathleen Verdicchio and Vincent Verdicchio

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for reinstatement of the jury verdict, holding that plaintiffs in an increased‑risk medical malpractice case need not prove that the pre‑existing condition was non‑metastatic at the time of the alleged negligence. The court affirmed that the plaintiff’s burden is satisfied by showing, to a reasonable degree of medical probability, that the physician’s deviation increased the risk of harm, and that the defendant bears the burden of apportioning damages.