Duarte

a grant of nonsuit in favor of the defendant physician, Chaminoor Zachariah, in a medical malpractice action.

The Duartes’ evidence affords the inference that Zachariah’s negligent overprescription of a drug harmed her bone marrow, preventing completion of treatment with chemotherapy which would have lowered the likelihood of the recurrence of Duarte’s breast cancer. The cancer did recur. The nonsuit was granted on the ground the negligence was not a cause in fact of personal injury to the Duartes because the cancer would as likely as not have recurred regardless of chemotherapy. We agree with that reasoning insofar as it bars recovery for recurrence of the cancer.

However, the Duartes advance an alternative contention with which we also agree: that the harmful injury to her bone marrow which impaired its functioning is actionable regardless whether it was a cause in fact of the recurrence of the cancer.

We will reverse the judgment.

Facts and Procedural Background

Under the standard of review for a grant of nonsuit the pertinent facts are as follows. Zachariah is a specialist in the fields of cancer and blood diseases. In June 1991 Duarte was referred to Zachariah…