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Torts Keyed to Goldberg
Ravo v. Rogatnick
Facts
Josephine Ravo was found to be severely and permanently disabled due to brain damage that she endured at her birth. Ravobrought suit against the delivering obstetrician, Sol Rogatnick, and the treating pediatrician after her birth, Irwin Harris, for medical malpractice. At trial, Ravo introduced evidence that suggested Rogatnick had contributed to her injuries when he failed to obtain vital medical information regarding her mother, failed to properly estimate Ravo’s size at delivery, and used improper surgical methods. Also, Ravo introduced evidence at trial that suggested that Harris contributed to her injuries when he misdiagnosed and incorrectly treated Ravofollowing her birth. Neither party presented any evidence to indicate which elements of Ravo’s injuries were a result of Rogatnick’s negligence versus Harris’. Thereafter, the jury decided in Ravor’s favor and awarded her $2,750,000. Likewise, the jury found that Rogatnick was liable for eight acts of malpractice and Harris was liable for three acts of malpractice. Thus, the jury apportioned 80 percent responsibility for Ravo’s injuries to Rogatnick, and 20 percent to Harris. Subsequently, Harris filed a post-trial motion to limit his damages to 20 percent of the total awarded. The court denied his motion, and the appellate court affirmed. Harris appealed.
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