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Torts Keyed to Miller
Ravo v. Rogatnick
Citation:514 N.E.2d 1104 (N.Y. 1987)
Josephine Ravo (Plaintiff) brought suit against Rogatnick (Defendant), the doctor who delivered her and treated her at birth, as well as the pediatrician who treated her after birth, Harris, because she was found to be severely and permanently disabled due to brain damage that she endured at her birth. 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 Ravo following her birth. The jury held in her favor, awarded her damages, and apportioned the liability of each doctor. Harris filed a post-trial motion to limit his damages to 20 percent of the total awarded. The court denied his motion.
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