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