Torts Keyed to Dobbs
McDougald v. Garber
Facts
Plaintiff, 31 year-old Emma McDougald, entered a New York hospital to undergo a Caesarian section and tubal ligation. In the course of the procedure she suffered oxygen deprivation, resulting in severe brain damage and leaving her in a permanent coma. McDougald and her husband brought an action claiming medical malpractice. A jury awarded multiple damages, including damages for “loss of pleasures and pursuits of life.” On appeal, the court modified the award and granted a new trial on nonpecuniary damages on the basis that the trial court had erred in its jury instructions.
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