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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