EMERSON V. MAGENDANTZ case brief

EMERSON V. MAGENDANTZ

• Pl got her tubes tied by Def doctor.

• became pregnant anyway, sued Dr.

• Child had birth defects.

• court notes the majority rule recognizing a cause of action for negligent performance of a sterilization procedure

• court granted limited recovery of damages for all medical costs, loss of consortium, emotional distress, loss of wages, prenatal and post natal care, but NOT child rearing costs as the court argues they could give the child up for adoption

• Dissent thinks pl should get full recovery because their right not to have a child was infringed upon.