Peter Espey (Of Counsel-Madison, NJ) authored “Struggling with 'Scafidi'? A Brief Overview of Caselaw on Preexisting Conditions in Medical Malpractice Cases,” published in the November 6, 2026, edition of the New Jersey Law Journal on Law.com. The article examines the evolution of New Jersey case law on preexisting conditions in medical malpractice cases, focusing on the landmark Scafidi v. Seiler decision. Peter reviews several significant rulings that have shaped how courts evaluate causation, increased risk of harm, and the apportionment of damages when a patient's preexisting condition may have contributed to an injury or adverse outcome. He explains when a Scafidi jury charge is appropriate, which party bears the burden of establishing apportionment, and the challenges plaintiffs face in proving that medical negligence caused additional harm. As Peter notes, determining responsibility can be particularly complex when a patient's health was already compromised before receiving treatment. The article explores how courts seek to balance a plaintiff's right to recover for malpractice-related harm with protecting defendants from liability for outcomes that were unavoidable or attributable to preexisting conditions. “This complex body of case law will continue to evolve with new fact patterns and advances in healthcare.”