Law School Case Briefs

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Safer v. Estate of Pack

New Jersey Superior Court Appellate Division (1996) | 677 A.2d 1188; 291 N.J. Super. 619

3 min read

TL;DR: A physician treated a man for a hereditary cancerous condition but failed to warn his children of the risk. Years later, his daughter developed the same cancer. The court held the physician had a legal duty to warn the patient's immediate family of the foreseeable genetic risk.

Legal Significance: This case established that a physician's duty of care extends to non-patient third parties, specifically the immediate family of a patient, when they are at a foreseeable risk of harm from a genetically transmissible disease known to the physician.

The law is a jealous mistress, and requires a long and constant courtship.

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