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Ahmad Novindri AJI Sukma – Section 2November 9, 2016Case Brief: McDougald v. GarberCourt of Appeals of New York73 N.Y.2d 246 (1989)1.FactsEmma 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 liableand awarded P several damages including “loss of pleasures and pursuits of life” also pain and suffering.2.Procedural historyThis 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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Appellate court, compensatory purpose, Emma McDougald