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Emerson v. Magendantz

Supreme Court of Rhode Island

689 A.2d 409 (1997)

Torts
Relevant factsFree

The Emersons (plaintiffs) sued Magendantz (defendant) after Diane's tubal ligation failed and she gave birth to a daughter allegedly suffering congenital problems, seeking damages including child-rearing costs, and the Superior Court certified the case to determine whether such a claim was viable and what damages measure should apply.

IssueFree

Whether damages for an unwanted pregnancy resulting from a physician's negligent performance of a sterilization procedure may include the cost of child rearing.

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