Contact Us

Anti-Spam Question:

July, 2010 | New Jersey Medical Malpractice Blog Archive

Anderson v. Sonberg Requires Plaintiffs to Only Prove that an Event was “Probably” Caused by Defendants’ Negligence

By Attorney Michael B. Zerres on July 28, 2010

Anderson v. Somberg does not require that a plaintiff prove with absolute certainty that defendants were negligent; only that that the event was “probably” caused by the negligence of the defendants.

The New Jersey Appellate Division was recently called on again to analyze a medical malpractice case in the context of a possible Anderson v. Somberg claim. Here, in Rabinowitz v. Bergen OB/GYN Associates, et. als., docket No. A-3139-08T1, decided June 23, 2010, the Court reviewed whether a young girl born with Tay-Sachs disease, a fatal neurologic condition, and her parents, could successfully sue for medical malpractice. Prior to her pregnancy, the child’s mother was tested for Tay-Sachs by having her blood sent to a laboratory for testing. The results were reported as “normal.” Thereafter, the mother became pregnant and switched obstetricians. In light of her prior “normal” blood test for Tay-Sachs, she had no further testing done. This child was born healthy. However, 2 years later, she became pregnant again and that child, a daughter, tested positive for Tay-Sachs. A subsequent blood test on the mother reported that she was, indeed, a carrier for Tay-Sachs. Read the rest »

Chatham: (973) 635-5400     Jersey City: (201) 963-4711     Sea Girt: (732) 758-6333     North Bergen: (201) 861-7757

New Jersey Medical Malpractice Attorney Disclaimer: The New Jersey medical malpractice, accident, injury, serious accident, or other personal injury legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a New Jersey Personal Injury Attorney or Medical Malpractice Lawyer for a consultation on your particular medical malpractice matter. This web site is not intended to solicit clients for matters outside of the state of New Jersey.

© 2018 Super Lawyers®, Super Lawyers is a registered trademark of Thomson Reuters.

Copyright © 2018 Blume Goldfaden Berkowitz Donnelly Fried & Forte, Chatham, NJ - All rights reserved. Attorneys serving all New Jersey Counties and Communities.