Ahmad Novindri AJI Sukma \u2013 McDougald v Garber - Ahmad Novindri AJI Sukma Section 2 November 9 2016 Case Brief McDougald v Garber Court of Appeals of

Ahmad Novindri AJI Sukma u2013 McDougald v Garber - Ahmad...

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Ahmad Novindri AJI Sukma – Section 2 November 9, 2016 Case Brief: McDougald v. Garber Court of Appeals of New York 73 N.Y.2d 246 (1989) 1. Facts Emma McDougald (P), underwent a caesarean section and tubal litigation in New York hospital conducted by Garber (D). P suffered brain damage because of oxygen deprivation and left her in a permanent comatose condition. McDougald and her husband brought an action under the claim of medical malpractice. A Jury found D liable and awarded P several damages including “loss of pleasures and pursuits of life” also pain and suffering. 2. Procedural history This case was found by the jury which awarded P with damages. The appellate Division of the Supreme Court in the First Judicial Department (NY) affirmed a trial court order awarding P damages in the malpractice case. D appealed. 3. Issue - Whether an award of damages for “loss of enjoyment of life” serves a compensatory purpose when P is not aware for its loss -
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