Logourl black
From our private database of 14,200+ case briefs...

Safer v. Pack

Superior Court of New Jersey, Appellate Division
677 A.2d 1188 (1996)


Facts

Donna Safer’s (plaintiff) father, Robert Batkin, was treated by Dr. George Pack (defendant) in the 1950s and 1960s, for a recurring bout of colon cancer, which ultimately caused his death. Although Pack knew that Batkin’s form of colon cancer was hereditary, he never informed Batkin’s wife or Safer that Safer was at a heightened risk of developing colon cancer. At the age of 36, Safer was diagnosed with colon cancer and underwent a surgical procedure to remove most of her bowel and her left ovary. Thereafter, Safer obtained Batkin’s medical records which indicated that he had suffered from the particular form of colon cancer that she was treated for. Safer filed suit against Pack (who had died in 1969) alleging professional negligence for his failure to warn Safer of her heightened risk. The trial court granted Pack’s motion to dismiss holding that a physician had no legal duty to warn the child of a patient of a genetic risk. The trial judge reasoned that in order for a physician to have a duty to warn there must be a patient-physician relationship present which Pack and Safer did not have. Safer appealed.

Rule of Law

Issue

Holding and Reasoning (Kestin, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.