Monday, November 11, 2013

McDougald v. Garber case brief

McDougald v. Garber case brief summary
536 N.E.2d 372 (N.Y. 1989)


CASE SYNOPSIS
Appeal from decision of the Appellate Division of the Supreme Court in the First Judicial Department (New York) that affirmed the trial court's order awarding plaintiff damages against defendant doctor and defendant anesthesiologist in a malpractice action arising from surgical error leading to plaintiff's brain damage and coma.

CASE FACTS

Plaintiff underwent surgery by defendant doctor and suffered severe brain damage as a result of oxygen deprivation, leaving plaintiff comatose.

DISCUSSION

  • On appeal, the court modified the award and granted a new trial on nonpecuniary damages on the basis that the trial court had erred in its jury instructions. 
  • The court found that a comatose patient, without some degree of cognitive awareness, could not recover for loss of enjoyment of life, and that in determining damages, loss of enjoyment should not have been considered separately from pain and suffering.

CONCLUSION
The court modified the award of damages and granted a new trial on nonpecuniary damages issue because plaintiff's awareness was relevant to issue of loss of enjoyment of life, and loss of enjoyment damages were improperly considered separately from pain and suffering.



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