Background: Elena Ivanova sued Dr. Robert A. Wolber for negligence after he misdiagnosed her with a rare and aggressive form of breast cancer. This misdiagnosis led Ivanova to undergo a full mastectomy, which later proved unnecessary as the excised tissue showed no signs of cancer.

Legal Arguments/Issues:

• Negligence and Standard of Care: Ivanova argued that Dr. Wolber breached the standard of care by providing an incorrect cancer diagnosis. The jury found Dr. Wolber negligent.
• Causation: A key issue was whether the misdiagnosis caused Ivanova to opt for a full mastectomy instead of less invasive treatment. The jury found sufficient evidence to support this causation.
• Damage Award: Dr. Wolber contended that the jury’s award of $400,000 was inordinately high and argued for a reduction.

Held: The Court of Appeal upheld the jury's finding of negligence and causation but agreed that the damage award was excessively high.

Costs/Damages Awarded: The Court reduced the non-pecuniary damages awarded to Ivanova from $400,000 to $250,000.