EMERSON V. MAGENDANTZ
689 A.2d 409 (1997)
NATURE OF THE CASE: This was a dispute over medical malpractice. Emerson (P) filed an
action against Magendantz (D) for the negligent performance of a sterilization procedure
that resulted in a pregnancy and birth. The court certified two questions, asking whether
such a cause of action existed and, if so, what was the measure of damages.
FACTS: P decided after the birth of her first child to limit the size of her family to
one. P contacted D to perform a tubal ligation and that was done January 1991. On or about
May 1991, P discovered that she was pregnant and gave birth in January 1992. After the birth
of the child, P underwent a second tubal ligation. P sued D alleging that the birth of their
second child was proximately caused by D's negligence. P also alleged severe physical pain
and the additional invasive procedure, mental anguish, lost wages, and the incurred
obligation of raising another child. Two questions were certified to the Rhode Island
Supreme Court.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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