Bandel v. Friedrich

In Bandel v. Friedrich, 122 N.J. 235, 241, 584 A.2d 800 (1991), plaintiff, an adult, brought a malpractice action for a delayed diagnosis which resulted in postoperative complications that rendered plaintiff permanently disabled to the extent he required twenty-four hour care. Id. at 238, 584 A.2d 800. During the three plus years preceding trial, plaintiff's mother, Bessie Bandel, cared for him almost exclusively, receiving no compensation for her services. Ibid. The trial judge refused to instruct the jury that the reasonable value of the gratuitous services provided by plaintiff mother and required for his care were an element of damages recoverable by the mother. Id. at 238-39, 584 A.2d 800. In arriving at its conclusion that the collateral source rule did not prevent plaintiff from seeking damages equal to the reasonable value of the services gratuitously provided by his mother, the Supreme Court pointed out "we determine that the lost ability to care for oneself due to tortiously inflicted injury is an appropriate element of compensatory damages recoverable by an injured plaintiff from the responsible tortfeasor." Id. at 241, 584 A.2d 800.