Quimbee logo
DMCA.com Protection Status
From our private database of 16,400+ case briefs...

Emerson v. Magendantz

Supreme Court of Rhode Island
689 A.2d 409 (1997)


The Emersons (plaintiffs) decided they did not want additional children, and Diane Emerson underwent a surgical tubal ligation performed by Magendantz (defendant), a gynecological specialist. After the procedure Diane became pregnant, and later gave birth to a girl who allegedly suffers from congenital problems. Diane then underwent another sterilization procedure. The Emersons sued, alleging that their daughter’s birth was the proximate result of Magendantz’s negligent performance of the tubal ligation, and that as a result Diane suffered physical pain and required additional treatment, and that they have both suffered emotional distress, loss of wages, and costs for past and future medical care and maintenance of their daughter. The Superior Court certified the matter to this court, to determine whether the Emersons could bring a cause of action, and if so what the proper measure damages would be.

Rule of Law


Holding and Reasoning (Weisberger, C.J.)

Concurrence/Dissent (Bourcier, 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 374,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,400 briefs, keyed to 223 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial