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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 »


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