Chaffee v. Seslar

751 N.E.2d 773 (Ind. App. 2001)

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Nature of the Case

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Facts

D performed an abdominal bilateral partial salpingectomy upon P's request for the purpose of rendering her sterile. P became pregnant and gave birth to a healthy child on August 5, 1999. P sued D for medical malpractice alleging negligence and breach of contract for the unsuccessful sterilization procedure. D moved the trial court to determine as a matter of law if P could recover in a medical malpractice suit child-rearing expenses from a healthcare provider on the basis of negligent performance of a sterilization procedure. The court ruled that P may properly seek recovery of monetary damages for future costs of rearing her child including, but not limited to, medical costs and educational costs. This interlocutory appeal ensued. D contends that child-rearing damages are not recoverable for the subsequent birth of a normal, healthy child as a result of the negligent performance of a sterilization procedure.