Patricia Deck and John Deck v. S. Robert

In a medical malpractice case, the jury found Robert Kovac, M.D. (Defendant), negligently performed a vaginal hysterectomy and bilateral salpingo-oophorectomy in October of 1987 by failing to remove a portion of Plaintiff Patricia Deck's left ovary. However, the jury assessed her damages at $1.00, allowing no damages for past economic damages, including past medical damages, and future non-economic damages. Patricia Deck appeals the jury's award of $1.00 as grossly and shockingly inadequate. Her husband, who lost his claim for loss of consortium, does not join in this appeal. Plaintiff sought treatment from Defendant in the fall of 1987 after she had experienced pelvic pain, irregular menstrual cycles, and painful sexual intercourse for over a year. After an examination, Defendant diagnosed her condition as endometriosis, a condition afflicting the lining of the uterus. Defendant recommended a hysterectomy. Prior to surgery, Defendant performed a diagnostic laparoscopy, where an instrument is inserted into the abdomen through the umbilicus to examine the pelvis prior to surgery. At this time, Defendant classified Plaintiff's endometriosis as stage three on a scale of one to four, with four being the most advanced.