RAVO V. ROGATNICK
514 N.E.2d 1104 (1987)
NATURE OF THE CASE: Harris (D) appealed a finding of joint and several liability in
Ravo's (P) malpractice action after P was born with severe brain damage.
FACTS: P was born an unusually large baby whose mother suffered from gestational diabetes
which contributed to difficulties during delivery. Dr. Rogatnick (D), the obstetrician who
had charge of the ante partum care of P's mother and who delivered P, failed to ascertain
pertinent medical information about the mother, incorrectly estimated the size of the
infant, and employed improper surgical procedures during the delivery. It was shown that Dr.
Harris (D), the pediatrician under whose care Josephine came following birth, misdiagnosed
and improperly treated the infant's condition after birth. Based upon this evidence, the
jury concluded that Dr. Rogatnick committed eight separate acts of medical malpractice, and
Dr. Harris committed three separate acts of medical malpractice. Dr. Rogatnick's negligence
contributed to Josephine's brain damage. The medical testimony demonstrated that Dr. Harris'
negligence was also a substantial contributing cause of the injury. There was no evidence
presented where the jury could delineate which aspects of the injury were caused by the
respective negligence of the individual doctors. The court instructed the jury that if it
was not possible to determine what proportion each contributed to the injury, they could
find each responsible for the entire injury even though the act of one may not have caused
the entire injury, and even though the acts of negligence were not equal in degree. The
court also instructed the jury that if they found both defendants responsible for the
plaintiff's injury 'then you will evaluate their respective faults in contributing to the
infant's condition'. The jury returned a verdict for P in the total amount of $2,750,000
attributing 80% of the 'fault' to Dr. Rogatnick and 20% of the 'fault' to Dr. Harris. Dr.
Harris (D) appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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