Golinski v. Hackensack Med. Ctr

In Golinski v. Hackensack Med. Ctr., 298 N.J. Super. 650, 655, 690 A.2d 147 (App.Div.1997), the Court concluded that defendant was not entitled to an increased risk of harm instruction. The Court found that defendant had not established a preexisting condition, but rather that the plaintiff had the propensity to develop adhesions if surgical procedures were required. Id. at 657, 690 A.2d 147. However, further surgery would not have been required if the defendant had not negligently left a laparotomy pad inside plaintiff's abdomen following a cesarean section. Ibid. Thus, "it was defendant's negligence which set other causes in motion and was a substantial factor in bringing about the two subsequent surgical interventions." Ibid.