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BONE INFECTION AND AMPUTATION

Patient brought medical malpractice action against physician, alleging that physician was negligent in amputating toe despite evidence that she might not have been suffering from osteomyelitis. The Superior Court, Law Division, entered judgment for patient. Defendant appealed. The Superior Court, Appellate Division, reversed. Patient sought review. On grant of certification, 142 N.J. 455, 663 A.2d 1361, the Supreme Court, Coleman, J., held that: (1) physician failed to establish that any preexisting condition of patient combined with physician's alleged negligence as required to warrant Scafidi instruction on whether physician's alleged negligence combined with condition to cause harm to patient, and (2) sufficient evidence supported determination that physician was negligent in concluding that patient had osteomyelitis and in performing amputation.

COLEMAN, J.

The judgment of the Appellate Division is reversed and the jury verdict reinstated.

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