COX v. DELA CRUZ


406 A.2d 620 (1979)

Joan COX v. Dr. Teodore DELA CRUZ.

Supreme Judicial Court of Maine.

October 12, 1979.


Attorney(s) appearing for the Case

Paine & Lynch by Errol K. Paine (orally), John D. Bunker, Bangor, for plaintiff.

Locke, Campbell & Chapman by Joseph B. Campbell, Augusta (orally), for Dr. DelaCruz.

Rudman, Rudman & Carter by Michael P. Friedman, Bangor, for PenBay.

Roger A. Welch, Waterville, for Dr. Olds.

Terry W. Calderwood, Camden, for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, GODFREY and GLASSMAN, JJ.


GLASSMAN, Justice.

In late February, 1976, the plaintiff, a woman approximately thirty years old and the mother of four children, sought the professional services of the defendant, Dr. Dela Cruz, a neurosurgeon, complaining of a persistent pain in her lower back. In obtaining the medical history of the plaintiff, neither the doctor nor his nurse inquired into the possibility that the plaintiff was pregnant. Unknown to either Dr. Dela Cruz or Mrs. Cox, the plaintiff...

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