Reference no: EM131743636

Problem: NEGLIGENT STERILIZATION

Chaffee performed a partial salpingectomy on Seslar. The purpose of the procedure was to sterilize Seslar, who had already borne four children, so that she could not become pregnant again. After undergoing the surgery, however, Seslar conceived and delivered a healthy baby. Seslar sued Chaffee. The Court of Appeals held that damages for the alleged negligent sterilization procedure could not include the costs of raising a normal healthy child. Although raising an unplanned child is costly, all human life is presumptively invaluable. A child, regardless of the circumstances of birth, does not constitute harm to the parents so as to permit recovery for the costs associated with raising and educating the child. As with a majority of jurisdictions, the court held that the value of a child's life to the parents outweighs the associated pecuniary burdens as a matter of law. Recoverable damages may include pregnancy and childbearing expenses, but not the ordinary costs of raising and educating a normal, healthy child conceived after an allegedly negligent sterilization procedure.

Ethical and Legal Issues

1. Do you agree with the court's decision?

2. Under what circumstances would you not agree with the court's decision?

3. Describe the ethical issues in this case.