Medical consultation--contract versus tort?
A surgeon was sued for breach of contract for a failed sterilization, resulting in an unwanted pregnancy. It was conceded that the operation was carried out skillfully and with due care. The major ground relied on was that, whilst there may be no common law duty to warn of the small risk of spontaneous recanalization, the contract in the present case was for the male plaintiff to be sterilized, so that the failure to achieve this result constituted a breach of contract.
D001315:Australia; D005260:Female; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D008297:Male; D008318:Malpractice / Q000331:legislation & jurisprudence*; D011247:Pregnancy; D012017:Referral and Consultation / Q000331:legislation & jurisprudence*; D014659:Vasectomy