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Emerson v. Magendantz

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


Facts

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

Issue

Holding and Reasoning (Weisberger, C.J.)

Concurrence/Dissent (Bourcier, J.)

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