Emerson v. Magendantz

689 A.2d 409 (1997)

Facts

P decided after the birth of her first child to limit the size of her family to one. P contacted D to perform a tubal ligation, and that was done January 1991. On or about May 1991, P discovered that she was pregnant and gave birth in January 1992. After the birth of the child, P underwent a second tubal ligation. P sued D alleging that the birth of their second child was proximately caused by D's negligence. P also alleged severe physical pain and the additional invasive procedure, mental anguish, lost wages, and the incurred obligation of raising another child. Two questions were certified to the Rhode Island Supreme Court.