Torts Keyed to Franklin
Emerson v. Magendantz
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Defendant, a gynecological specialist, performed a tubal ligation on Mrs. Emerson. Subsequently, Mrs. Emerson became pregnant and gave birth to a child alleged to have congenital birth defects. Plaintiffs sued Defendant for negligence in performing the sterilization procedure. The trial court certified two questions to the state supreme court: 1) Is there a cause of action under Rhode Island law for negligently performing a sterilization procedure? 2) If so, what damages may be awarded?
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