Wilbur v. Kerr

628 S.W.2d 568 (1982)

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Nature of the Case

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Facts

Wilbur (P) went to Dr. Kerr (D) for a vasectomy. P already had two children and did not want to risk having another. D negligently performed two unsuccessful vasectomies on P. P did not know that these operations were unsuccessful, and he and his wife had a normal, healthy daughter. They neither planned nor expected this child. P sued D for damages. The trial court ruled that P could recover for P's medical expenses, but not the costs of raising the child. P then amended his request, deleting all damages requested except the expenses for rearing the child, choosing to base his whole lawsuit on that issue.