Mckernan v. Aasheim

687 P.2d 850 (1984)

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Nature of the Case

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Facts

D performed a tubal ligation on P. Despite the operation, P became pregnant and gave birth to a healthy, normal child. Ps filed the present lawsuit, alleging that D performed the tubal ligation negligently, failed to obtain P's informed consent to the tubal ligation, breached his warranty that the tubal ligation would result in permanent sterilization, and violated P's constitutional right to prevent future pregnancies. Ps sought an amount equal to the cost of the tubal ligation procedure, and expenses; an amount equal to the cost of the pregnancy and childbirth; an amount for pain and suffering associated with the tubal ligation, pregnancy, and childbirth; an amount for loss of pleasure associated with the tubal ligation, pregnancy, and childbirth; an amount for the husband's loss of services and consortium associated with the tubal ligation, pregnancy, and childbirth; an amount equal to the costs associated with rearing a child, college education, out of pocket expenses and services of parents, and emotional burdens. D moved for partial summary judgment dismissing that portion of the complaint which sought damages for the cost of rearing and educating a normal, healthy child. The court granted the motion and Ps appealed.