Sullivan v. O'Connor
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| Sullivan v. O'Connor | |
| Court | Massachusetts Supreme Judicial Court |
|---|---|
| Citation | 296 N.E.2d 183 |
| Date decided | May 9, 1973 |
Facts
- Ms. Sullivan = a rhinoplasty patient = plaintiff
- Dr. O'Connor = a plastic surgeon = defendant
- O'Connor promised to improve the aesthetics of Sullivan's nose with 1 or more operations
- After the 1st surgery, Sullivan's nose looked worse
- The 2nd surgery failed, too.
- The 3rd surgery failed, again.
Procedural History
- Sullivan sued O'Connor for medical mal-practice & breach of contract.
- The jury
- decided in Sullivan's favor on the breach of claim, while it
- decided in O'Connor's favor on the medical malpractice complaint.
- Sullivan's out-of-pocket expenses were $622.
- With respect to damages on the breach of contract, the jury awarded Sullivan $13,500 for pain & suffering because of the 3rd surgery.
Issues
Can compensation for pain and suffering be awarded in contract cases?
Holding
Justice Kaplan: Compensation for pain & suffering can be awarded in contract cases if a reasonably foreseeable consequence of a breach of contract involves pain & suffering.
Judgment
Affirmed
Reasons
Because O'Connor had stated that the wanted result would required more than 1 surgery, the pain & suffering for the 1st two surgery were expected. Thus, compensatory damages is only appropriate due to the pain & suffering of the 3rd surgery.
Rule
In contract cases, pain & suffering damages can be awarded in the form of reliance damages. For all 3 surgeries, the patient is entitled to reliance damages for relying on the surgeon's promise without achieving the paid-for result.
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